Feist v. RCN Corporation et al

Filing 60

ORDER TO SHOW CAUSE (Illston, Susan) (Filed on 1/8/2013)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

10
11
12

Misc. Case No. 12-mc-80135 SI

13
14
15
16
17

ORDER TO SHOW CAUSE

BETSY FEIST,

Underlying Action Pending in S.D.N.Y. Case
No. 11 CV 5436 JGK

Plaintiff,
v.
RCN CORPORATION AND PAXFIRE, INC.,
Defendant.

Related Cases:
12-mc-80119
12-mc-80121
12-mc-80140

/

18
19

This miscellaneous action arises from a motion to quash deposition and document subpoenas

20

issued to third-parties Electronic Frontier Foundation and Peter Eckersley (“EFF”) by defendant Paxfire,

21

Inc. On November 6, 2012, the Court found that EFF’s motion to quash should be granted. On

22

November 8, 2012, defendant Paxfire appealed the Court’s decision to the Ninth Circuit. On November

23

20, 2012, EFF filed a motion for sanctions, asking this Court to sanction Paxfire under Federal Rule of

24

Civil Procedure 45(c)(1) for discovery abuse. The motion for sanctions is set to be heard on Friday

25

January 11, 2013. On December 17, 2012, Paxfire filed a Suggestion of Bankruptcy, suggesting that

26

this action be stayed in light of Paxfire’s recently filed Title 11 bankruptcy petition.

27
28

1

The hearing on the motion for sanctions is hereby VACATED. EFF is Ordered to Show Cause

2

on or before January 18, 2013 why this case should not be stayed in light of Paxfire’s bankruptcy

3

petition. Paxfire may file a response to EFF’s filing on or before January 25, 2013.

4
5

IT IS SO ORDERED.

6
7
Dated: January 8, 2013
8

SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2