Westport Insurance Corporation v. Northern California Relief

Filing 84

ORDER TERMINATING 77 First MOTION to Compel Discovery of Documents Pursuant to Subpoena of Non-Parties filed by Northern California Relief. Signed by Judge Kandis A. Westmore on 03/31/15. (kawlc2S, COURT STAFF) (Filed on 3/31/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WESTPORT INSURANCE
CORPORATION,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 14-cv-00312-CRB (KAW)
ORDER TERMINATING MOTION TO
COMPEL

v.
NORTHERN CALIFORNIA RELIEF,

Re: Dkt. No. 77

Defendant.

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On March 26, 2015, Defendant Northern California Relief moved to compel compliance

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with subpoenas served on non-party law firms. (Def.'s Mot. to Compel, Dkt. No. 77.) The

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subpoenas seek production of certain documents, which Defendant intends to use in its opposition

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to Plaintiff's summary judgment motion. (Id. at 23.) The current due date for Defendant's

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opposition is April 1, 2015. (Order, Dkt. No. 73.) Defendant has filed a separate ex parte

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application in which it requests that the motion to compel be heard prior to April 1, 2015 or,

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alternatively, that the deadlines associated with the motion for summary judgment be continued so

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that it has an opportunity to obtain the outstanding discovery. (Def.'s Ex Parte App., Dkt. No. 74.)

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The ex parte application is denied to the extent that it seeks a hearing on the motion to compel

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prior to April 1, 2015.

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Moreover, the Court notes that the subpoenas at issue list Los Angeles, CA as the place of

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compliance. Rules 37 and 45 of the Federal Rules of Civil Procedure provide that when a litigant

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seeks information from a nonparty, it must seek relief from the court for the district where

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compliance is required. See Fed. R. Civ. P. 37(a)(2) ("A motion for an order to a nonparty must

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be made in the court where the discovery is or will be taken."); Fed. R. Civ. P. 45(d)(2)(b)(i) ("At

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any time, on notice to the commanded person, the serving party may move the court for the district

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where compliance is required for an order compelling production or inspection."). Therefore, if

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Defendant intends to pursue these discovery matters in this forum, it shall file a brief explaining

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why the relief sought should not be obtained from the United States District Court for the Central

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District of California.

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IT IS SO ORDERED.
Dated: 03/31/15
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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