Braintree Laboratories Inc., v. McKesson Corporation

Filing 14

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 9/19/2011 ORDERING 12 Braintree shall show cause within 5 calendar days of the service of this order why its motion was properly brought in the EDCA; Braintree shall also file a c opy of the correct subpoena along with its response to this order. The hearing on Braintree's motion # 12 currently set for 9/22/2011 is VACATED. If the order to show cause is discharged, Braintree will be permitted to re-notice the hearing on the next available calendar date upon 7 days' notice. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRAINTREE LABORATORIES, INC.,

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Movant,

CIV. NO. S-11-0077 JAM GGH

vs.

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McKESSON CORPORATION,
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Nonmovant.

ORDER TO SHOW CAUSE

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Presently before the court is Braintree Laboratories, Inc.’s (“Braintree”) motion to

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compel production of documents from third party McKesson Corporation (“McKesson”)

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pursuant to a subpoena served under Fed. R. Civ. P. 45. On September 15, 2011, along with

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Braintree’s motion, the parties filed a joint statement regarding their discovery disagreement in

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accordance with L.R. 251. The motion is currently set for hearing on September 22, 2011 at

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10:00 a.m.

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In the joint statement, Braintree states that, pursuant to Fed. R. Civ. P.

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45(a)(2)(C), it “issued the subpoena ‘from the court for the district where the production or

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inspection is to be made,’ which in this case is this Court.” (Dkt. No. 12, at 8.) However, it also

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notes that third party McKesson is based in San Francisco, California (which is located in the
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Northern District of California). Braintree is based in Massachussetts. Therefore, it is not clear

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why the motion is being brought in the Eastern District of California. The subpoena attached to

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the joint statement as Exhibit 1 does not shed light on the matter, because Braintree apparently

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inadvertently attached the wrong subpoena. The subpoena attached as Exhibit 1 to the joint

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statement is a subpoena to a different entity issued from the Southern District of Ohio. (Dkt. No.

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12, Ex. 1.)

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Accordingly, IT IS ORDERED that:

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1. Braintree shall show cause within five (5) calendar days of the service of this

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order why its motion was properly brought in the Eastern District of California. Braintree shall

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also file a copy of the correct subpoena along with its response to this order. In the event that the

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motion was erroneously filed in this District, Braintree shall instead file a notice withdrawing the

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motion.

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2. The hearing on Braintree’s motion (Dkt. No. 12) currently set for September

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22, 2011 at 10:00 a.m. is vacated. If the order to show cause is discharged, Braintree will be

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permitted to re-notice the hearing on the next available calendar date upon seven (7) days’ notice.

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DATED: September 19, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH/wvr
Braintree.0077.osc.wpd

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