Terry et al v. Register Tapes Unlimited, Inc. et al

Filing 167

ORDER signed by Magistrate Judge Allison Claire on 4/27/20 ORDERING the parties to submit a joint statement, not to exceed 5 pages, on the current status of the motion to compel at ECF No. 160 no later than May 1, 2020. Alternatively, defendants may withdraw the motion at ECF No. 160 without prejudice to a second motion on the topic, if necessary, in light of the now extended deadlines. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT TERRY, CREST
CORPORATION, and CREST
IRREVOCABLE BUSINESS TRUST
DBAFREEDOM MEDIA,

ORDER
Plaintiffs,

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No. 2:16-cv-00806 WBS AC

v.
REGISTER TAPES UNLIMITED, INC.,
REGISTER TAPES UNLIMITED, LP,
Defendants.

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Before the court is defendants’ motion to compel a response to a subpoena to former

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plaintiff, and now third party, Crest Corporation. ECF No. 160. The parties’ arguments center in

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large part on the timeliness of the subpoena. See ECF Nos. 160, 162, 163. The final briefing on

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this motion was submitted on April 2, 2020. ECF No. 163. On April 17, 2020, the parties

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entered a stipulation to alter the scheduling order in this case, including the deadline for third

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party subpoenas. ECF No. 165 at 3. The stipulation was adopted on April 20, 2020, by the

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District Judge assigned to this case. ECF No. 166.

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It is unclear whether the stipulation has resolved the pending motion to compel. The
parties are therefore ORDERED to submit a joint statement, not to exceed 5 pages, on the current
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status of the motion to compel at ECF No. 160 no later than May 1, 2020. Alternatively,

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defendants may withdraw the motion at ECF No. 160 without prejudice to a second motion on the

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topic, if necessary, in light of the now extended deadlines.

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IT IS SO ORDERED.
DATED: April 27, 2020

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