Cyprexx Services, LLC v. Field Asset Services, Inc. et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 02/29/16 TRANSFERRING 2 Motion to Quash to the Northern District, where the underlying action, Bowerman, et al. v. Field Asset Services, Inc., et al., Case No. 13-cv-00057-WHO, is pending. CASE CLOSED. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CYPREXX SERVICES, LLC,

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No. 2:16-mc-0039-KJM-KJN

Plaintiff,
v.

ORDER

FIELD ASSET SERVICES, INC., et al.,
Defendants.

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Plaintiff Cyprexx Services, LLC (“Cyprexx”) commenced this miscellaneous action and

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filed a motion to quash a subpoena issued by defendants Field Asset Services, Inc. and Field

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Asset Services, LLC (“FAS”) to Cyprexx as a non-party in a civil action pending in the United

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States District Court for the Northern District of California, Bowerman, et al. v. Field Asset

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Services, Inc., et al., Case No. 13-cv-00057-WHO. (ECF Nos. 1, 2.) The subpoena, which was

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issued from the Northern District of California, requires production of documents in Sacramento,

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California. (ECF No. 2-2 at 5.) As such, Cyprexx filed a motion to quash in this district, but

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simultaneously requested that the motion be transferred to the Northern District of California

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pursuant to Federal Rule of Civil Procedure 45(f). (ECF No. 2.)

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Rule 45(f) provides, in part, that “[w]hen the court where compliance is required did not
issue the subpoena, it may transfer a motion under this rule to the issuing court if the person
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subject to the subpoena consents or if the court finds exceptional circumstances.” Fed. R. Civ. P.

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45(f). Here, Cyprexx, the entity subject to the subpoena, consents to transfer of the motion to the

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Northern District of California, and in fact affirmatively requests it. (ECF No. 2-6.) As such, the

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court finds that transfer is appropriate.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Cyprexx’s motion to quash the subpoena issued by FAS is TRANSFERRED to the

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Northern District of California, where the underlying action, Bowerman, et al. v. Field

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Asset Services, Inc., et al., Case No. 13-cv-00057-WHO, is pending.

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2. The Clerk of Court shall terminate the pending motion in this court (ECF No. 2) and
close this miscellaneous action.
IT IS SO ORDERED.
Dated: February 29, 2016

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