DeMartini, et al. v. DeMartini, et al.

Filing 112

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/09/16 ORDERING that plaintiffs' 109 Motion to Quash and for Protective Order is GRANTED; the 11/16/16 hearing date is VACATED. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY DEMARTINI, et al.,

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Plaintiffs,

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No. 2:14-cv-2722 JAM CKD PS

v.

ORDER

MICHAEL DEMARTINI, et al.,

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Defendants.

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Plaintiffs have noticed for hearing on shortened time a motion to quash a subpoena of

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legal counsel. Because oral argument is not of material assistance, this matter is submitted on the

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briefs. E.D. Cal. L.R. 230(g). Upon review of the joint statement and exhibits submitted in

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connection with the motion, and good cause appearing therefor, THE COURT FINDS AS

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FOLLOWS:

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Defendants have served a subpoena for deposition of Diepenbrock Elkin Gleason, LLP on

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November 16, 2016 at 2:00 p.m. The subpoenaed law firm represents plaintiff in active litigation

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in an action pending in the County of Marin. Defendants advance no argument and make no

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showing justifying deposition of litigation counsel who represent plaintiffs in an unrelated matter.

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See generally Shelton v. American Motors Corp., 805 F.2d 1323 (8th Cir. 1986).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The hearing date of November 16, 2016 is vacated.

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2. Plaintiffs’ motion to quash and for protective order is granted.

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Dated: November 9, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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