Noble v. Wells Fargo Bank, N.A.

Filing 156

AMENDED ORDER to SHOW CAUSE Why Sanctions Should Not be Imposed for Failure to Comply With Subpoena, signed by Magistrate Judge Erica P. Grosjean on 5/3/17. Show Cause Response due by 5/19/2017. (Copy of this order and 123 served on Latif Ziyar via FedEx.) (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 Case No. 1:14-cv-01963-DAD-EPG BROOKE NOBLE, Plaintiff, AMENDED ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO COMPLY WITH SUBPOENA vs. 14 WELLS FARGO BANK, N.A., et al., 15 Defendants. (ECF No. 123) 16 17 18 19 20 21 22 23 24 25 26 On January 6, 2017, a subpoena was issued to respondent Latif Ziyar, M.D., Inc., c/o Nari C, 7335 N. First St. #109, Fresno, CA 93720. (ECF No. 123-2.) The subpoena commanded production of all documents referring or related to Brook Noble. (ECF No. 123-2, pp. 5-6.) Defendant Wells Fargo has filed a motion to enforce the subpoena and/or for sanctions pursuant to Rule 45(g) of the Federal Rules of Civil Procedure. (ECF No. 123.) The motion requests a court order holding the respondent in contempt for failing to obey the subpoena without adequate excuse. (Id.) Accordingly, respondent Latif Ziyar, M.D., Inc. is hereby ordered to show cause by May 19, 2017, as to why sanctions should not issue for its failure to obey the subpoena issued 27 28 1 1 January 6, 2017.1 2 Respondent is hereby notified that failure to comply with this order to show cause will 3 result in Defendant Wells Fargo’s motion to enforce the subpoena (ECF No. 123) being granted 4 and the requested monetary sanctions being awarded. 5 6 The Clerk is directed to send a copy of this order and the Defendant Wells Fargo’s motion (ECF No. 123) to the following address by FedEx (signature required): 7 Latif Ziyar, M.D. 8 7335 N. First St. Suite 102 9 Fresno, CA 93720 10 11 12 13 14 IT IS SO ORDERED. Dated: May 2, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 A previous version of this order was issued on March 28, 2017. (ECF No. 150.) However, it appears that the order was incorrectly mailed by regular U.S. mail. The Court issues this amended order for purpose of obtaining a return receipt to demonstrate proof of service. 2

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