Schmidt, et al v. United States of America, et al

Filing 107

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/3/2013 ORDERING the subpoena issued to Harford Fire Insurance Company on 5/12/2013, will NOT BE ENFORCED; and 106 objections, filed 5/28/2013 by Harford, construed as a Motion to Quash, is DENIED as MOOT; Clerk shall serve Hartford Fire Insurance Company by e-mail and at the address indicated in docket #106. (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LONNIE G. SCHMIDT, et al.,

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Plaintiffs,

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No. 2:09-cv-0660 LKK GGH PS

vs.

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UNITED STATES OF AMERICA, et al.,

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Defendants.

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ORDER
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Pending before the court is a letter objection regarding a subpoena to non-party

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Hartford Fire Insurance Company (“Hartford”), filed by Hartford’s counsel. According to

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Hartford, it received the subpoena on May 12, 2013. The discovery cutoff in this case was April

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24, 2013. (Dkt. no. 80.) As the undersigned stated in priors order with respect to previous

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subpoenas issued by plaintiffs, plaintiffs should have requested an extension to the discovery

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cutoff prior to the April 24th deadline if they had a reasonable excuse for waiting so long to issue

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the subpoenas. See Dkt. nos. 96, 105.

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Accordingly, IT IS ORDERED that:

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1. The subpoena issued to Hartford Fire Insurance Company on May 12, 2013,

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will not be enforced; and

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/////
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2. Objections, filed May 28, 2013 by Hartford, (dkt. no. 106), construed as a
motion to quash, is denied as moot.
3. The Clerk shall serve Hartford Fire Insurance Company by e-mail and at the

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address indicated in docket number 106.

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DATED: June 3, 2013

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Schmidt0660.subp3.wpd

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