Chevron Corp. v. Donziger

Filing 35

ORDER by Judge Charles R. Breyer Vacating Hearing and Denying as Moot 30 Motion for Reconsideration. (crblc1, COURT STAFF) (Filed on 3/5/2013)

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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 13 14 15 No. C 13-80038-MISC CHEVRON CORPORATION, ORDER VACATING HEARING Plaintiff, v. STEVEN DONZIGER, Defendant. / 16 17 This is a subpoena enforcement action. At issue is a subpoena issued out of the 18 Northern District of California by Plaintiff Chevron to Third Party Amazon Watch. 19 See Motion to Transfer (dkt. 18) at 3. Chevron seeks to transfer its Motion to Enforce the 20 subpoena to Judge Lewis A. Kaplan of the Southern District of New York, as Judge Kaplan 21 is presiding over the underlying case to which the subpoena relates. See generally id. This 22 Court recently granted Chevron’s Motion to Shorten Time for Briefing of Chevron’s Motion 23 to Transfer (dkt. 20), setting a hearing on the Motion to Transfer for March 8, 2013 in light 24 of Chevron’s representations that the subpoena sought materials relevant to upcoming 25 depositions in the underlying case. See Order Granting Motion to Shorten Time (dkt. 25). 26 27 28 Amazon Watch has now filed a Motion for Leave to File a Motion for Reconsideration of that Order (dkt. 30), arguing, among other things, that its counsel is 1 unavailable to attend a hearing on March 8, 2013.1 As explained below, the Court DENIES 2 AS MOOT the Motion for Leave to File a Motion for Reconsideration and VACATES the 3 March 8, 2013 hearing pursuant to Civil Local Rule 7-1(b). The parties are to maintain the 4 briefing schedule as to the Motion to Transfer that is set forth in the Court’s Order Granting 5 Motion to Shorten Time. 6 IT IS SO ORDERED. 7 8 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE Dated: March 5, 2013 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 1 The Court cannot read the electronically filed version of Amazon Watch’s Objections to Motion to Shorten Time (dkt. 26) but has now received and reviewed a chambers copy of that document. G:\CRBALL\2013\80038\order re hearing on transfer.wpd 2

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