Nicholaw v. Busch

Filing 23

ORDER DENYING 9 Plaintiff's Motion for Permission to Serve Subpoena. Signed by Judge Laurel Beeler on 11/21/2011. (lblc2, COURT STAFF) (Filed on 11/21/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division
ANDY NICHOLAW,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 11-04245 LB
Plaintiff,

ORDER DENYING PLAINTIFF’S
MOTION FOR PERMISSION TO
SERVE SUBPOENA

v.
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PETER BUSCH,
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Defendant.
_____________________________________/
On October 13, 2011, Plaintiff filed a motion to permission to serve Defendant with a subpoena

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requiring Defendant to produce certain documents because Defendant had not responded to

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Plaintiff’s complaint. Motion, ECF No. 9.1 Defendant had not done so because Defendant had not

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yet been served. Acknowledgment of Service, ECF No. 12 (Defendant served on October 21, 2011).

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After he had, Defendant filed a motion to dismiss, which is currently set to be heard by the court on

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January 5, 2012. MTD, ECF No. 13. In light of Defendant’s motion, Plaintiff’s motion is DENIED.

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This disposes of ECF No. 9.

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IT IS SO ORDERED.

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Dated: November 21, 2011
_______________________________
LAUREL BEELER
United States Magistrate Judge

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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page
number at the top of the document, not the pages at the bottom.
C 11-04245 LB