City of Sterling Heights General Employees' Retirement System et al v. Prudential Financial Inc. et al

Filing 7

ORDER signed by Magistrate Judge Allison Claire on 12/4/2015 ORDERING 2 Movants' Ex Parte Application is DENIED in PART, to the extent it requests a briefing schedule on the motion to quash; Movants and plaintiffs shall file only a joint Statement in regard to that motion; Motion to Quash, Hearing set for 12/23/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CITY OF STERLING HEIGHTS
GENERAL EMPLOYEES’
RETIREMENT SYSTEM, Individually
and on Behalf of All Others Similarly
Situated,

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Main Case: 2:12-cv-5275 MCA LDW
(D.N.J.)
ORDER

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No. 2:15-mc-0146 WBS AC

Plaintiffs,
v.
PRUDENTIAL FINANCIAL, INC., et al.,
Defendants.

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The California Department of Insurance and Commissioner David E. Jones (“movants”)

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have filed this Miscellaneous proceeding, seeking to quash a non-party deposition subpoena

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served upon them by plaintiffs. The main case under which this proceeding is brought is pending

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in the District of New Jersey: City of Sterling Heights General Employees’ Retirement System v.

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Prudential Financial, Inc., 2:12-cv-5275 MCA LDW (D.N.J.). This matter was referred to the

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undersigned by E.D. Cal. R. (“Local Rule”) 302(c)(1).

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IT IS HEREBY ORDERED that:

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1. Movants’ ex parte application (ECF No. 2) is DENIED in part, to the extent it requests

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a briefing schedule on the motion to quash. Movants and plaintiffs shall file only a Joint

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Statement in regard to that motion, as discussed below.
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2. Plaintiffs shall respond in writing to that portion of movant’s ex parte application that

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seeks an order staying the deposition until the motion can be resolved (ECF No. 2), no later than

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December 7, 2015 at 3:30 p.m. (Pacific Time). Plaintiffs are free to file a Statement of No

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Opposition as their response, if they have no opposition to that portion of the application.

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3. The Motion To Quash Subpoena is SET FOR HEARING before the undersigned on
December 23, 2015 at 10:00 a.m., in Courtroom 26, Eighth Floor.

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a. This proceeding, including the motion to quash, is governed by the procedures

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outlined in the undersigned’s “Standard Information,” which includes the instructions regarding

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“Discovery Disputes.” See www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-

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states-magistrate-judge-allison-claire-ac.
b. The parties shall also comply with (1) this court’s Local Rules, including Local

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Rule 251 governing Discovery Matters, see www.caed.uscourts.gov/caednew/index.cfm/rules/local-

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rules, and (2) the Federal Rules of Civil Procedure (as amended on December 1, 2015).

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c. Movants and plaintiffs are cautioned that the motion to quash will be decided

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based upon the Joint Statement only. In regard to that motion, the undersigned will not consider

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any declarations, memoranda or other documents (including any already filed on the docket), that

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are not included in the Joint Statement.

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DATED: December 4, 2015

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