Robinson et al v. KIA Motors America, Inc.

Filing 40

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/6/11 ORDERING that plaintiffs' ex parte application for an order shortening time 37 is GRANTED. Plaintiffs' motion to quash and for protective order and/or modification of subpoena 34 , is SET for 9/15/2011 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. Any response to the motion shall be filed by 9/8/11. Plaintiffs shall file any reply by 9/12/11. Plaintiffs shall serve a copy of this order on the subpoenaed third parties. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LISA ROBINSON, et al.,

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Plaintiffs,

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v.

CIV. S-10-3187- MCE GGH

KIA MOTORS AMERICA, INC.,

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Defendant.

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ORDER
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Presently before the court is plaintiffs’ ex parte motion to quash defendant’s

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subpoena for third-party Robinson Construction’s telephone records from Pacific Bell and for a

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protective order and/or modification of defendant’s subpoena for plaintiff Lisa Robinson’s

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telephone records from Nextel Communications, filed September 1, 2011. That same date,

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plaintiffs also filed an ex parte application for an order shortening time to have its motion heard

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on September 8, 2011 or on the next available hearing date. Defendant Kia Motors filed an

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opposition to plaintiff’s ex parte application.

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Because the subpoenas call for production by the third-party telephone carriers on

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September 6, 2011 and in the interests of prompt resolution of this discovery dispute, the court

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will set an expedited schedule for briefing and hearing on this motion.

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Accordingly, IT IS ORDERED that:

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1. Plaintiffs’ ex parte application for an order shortening time, filed September 1,

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2011, (dkt. # 37), is granted.

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2. Plaintiffs’ motion to quash and for protective order and/or modification of

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subpoena, filed September 1, 2011, (dkt. # 34), is specially set so as to be heard on September

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15, 2011 at 10:00 a.m in Courtroom No. 9 (13th Floor). The undersigned has determined not to

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utilize the Local Rule 251 procedure for this motion.

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3. Any response to the motion shall be filed by September 8, 2011.

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4. Plaintiffs shall file any reply by September 12, 2011.

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5. Plaintiffs shall serve a copy of this order on the subpoenaed third parties.
DATED: September 6, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH/wvr

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Robinson.3187.ost.wpd

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