CDK Global, LLC al v. Tulley Automotive Group, Inc.

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/10/2017 DENYING WITHOUT PREJUDICE Defendant's 1 Motion to Compel. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CDK GLOBAL, LLC,

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Plaintiff,

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No. 2:16-mc-0191 MCE CKD

v.

ORDER

TULLEY AUTOMOTIVE GROUP, INC.,

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Defendant.

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Defendant has filed a motion to compel compliance with a subpoena duces tecum served

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on non-party Performance Chevrolet. The subpoena was issued in June, 2016 by the United

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States District Court for the District of New Jersey and production was called for in New York.

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ECF No. 1-5. As such the instant motion to compel should have been brought in the federal court

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venued in New York. Fed. R. Civ. P. 45(d)(2)(B)(i). In addition, it appears defendant’s motion

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to compel is untimely under the scheduling order issued in the New Jersey action. ECF No. 4-4

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at p. 3 (fact discovery to be completed by August 31, 2016). Moreover, objections have been

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filed by an interested party and it appears that defendant has not properly met and conferred with

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the objecting party.

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Accordingly, IT IS HEREBY ORDERED that defendant’s motion to compel (ECF No. 1)

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is denied without prejudice.

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Dated: January 10, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 cdkglobal191.subp

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