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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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.

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WELLS FARGO BANK, N.A., et al.,

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Defendants.

(ECF No. 123)

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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

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January 6, 2017.1

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Respondent is hereby notified that failure to comply with this order to show cause will

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result in Defendant Wells Fargo’s motion to enforce the subpoena (ECF No. 123) being granted

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and the requested monetary sanctions being awarded.

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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):

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Latif Ziyar, M.D.

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7335 N. First St. Suite 102

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Fresno, CA 93720

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IT IS SO ORDERED.
Dated:

May 2, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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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.

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