Trendsettah USA, Inc. et al v. Swisher International, Inc.

Filing 10

ORDER Denying as Moot Defendant's 9 Application for an Order to Show Cause, signed by Magistrate Judge Sheila K. Oberto on 4/17/16. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRENDSETTAH USA, INC., and TREND
SETTAH, INC.,

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Plaintiffs,

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v.

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ORDER DENYING AS MOOT
DEFENDANT'S APPLICATION FOR AN
ORDER TO SHOW
(Doc. 9)

SWISHER INTERNATIONAL, INC.,
Defendant.

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Case No. 1:16-mc-00006-SKO

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On January 21, 2016, Defendant Swisher International (“Swisher”) filed an “Application

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17 for an Order Directing Nonparties to Appear and Show Cause Why They Should Not be Held in
18 Civil Contempt for Failing to Appear for Deposition and/or Failing to Produce Documents”
19 (Application for OSC) and set a hearing for February 24, 2016. (Doc. 1.) Due to the status of the
20 underlying litigation in the U.S. District Court for the Central District of California, Case No.
21 8:14-cv-1664-JVS (DFMx), Defendant’s application for an order to show cause re compliance
22 with Rule 45 subpoenas was held in abeyance. (Doc. 9.)
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The underlying litigation has proceeded to trial, and any enforcement proceeding related to

24 the third-party subpoenas issued in that case is, therefore, moot. As such, Defendant's application
25 is denied as moot, and this case shall be closed.
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IT IS SO ORDERED.

28 Dated:

April 17, 2016

/s/ Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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