Nelson v. Millennium Laboratories, Inc., etal.
Filing
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ORDER VACATING 85 Findings and Recommendations; ORDER DIRECTING Clerk to CLOSE CASE signed by Magistrate Judge Barbara A. McAuliffe on 6/16/2014. CASE CLOSED. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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In Re Ryan Uehling
Case No. 1: 13-mc-00022-LJO-BAM
Kelly Nelson,
ORDER VACATING FINDINGS AND
RECOMMENDATIONS;
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Plaintiff,
ORDER DIRECTING CLERK TO
CLOSE CASE
Millennium Laboratories, Inc., et al.,
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Defendants.
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Pending in the United States District Court for the
District of Arizona as Case No. 2: 12-cv-01301-SLG
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On May 29, 2014, this Court ordered Uehling to show cause as to why he should not be held
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in contempt of court for his refusal to obey the Court’s June 27, 2013 Order. Doc. 85. This Court
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also issued findings and recommendations that Uehling be found in contempt of Court. Id.
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On June 13, 2014, Millennium submitted a response to the Court’s Order to show cause.
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Doc. 87. In its response, Millennium moved to withdraw with prejudice its motion to hold Uehling
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in contempt. Id. Millennium represents that certain claims in the underlying Nelson v. Millennium
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action have been dismissed which have mooted the need for further deposition testimony from
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Uehling. Id. Further, because Millennium’s contempt motion was the only remaining request for
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judicial action in this matter, Millennium requests that this case be closed.
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ORDER
CONCLUSION
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Having considered Millennium’s withdrawal of its motion for an order to show cause, this
Court VACATES its Findings and Recommendations to hold Uehling in contempt of court.
Further, as there are no outstanding matters in this case, the Court directs the Clerk to close
this case.
IT IS SO ORDERED.
Dated:
/s/ Barbara
June 16, 2014
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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ORDER
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