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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 Oakland Division ANDY NICHOLAW, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 No. C 11-04245 LB Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR PERMISSION TO SERVE SUBPOENA v. 13 PETER BUSCH, 14 15 16 Defendant. _____________________________________/ On October 13, 2011, Plaintiff filed a motion to permission to serve Defendant with a subpoena 17 requiring Defendant to produce certain documents because Defendant had not responded to 18 Plaintiff’s complaint. Motion, ECF No. 9.1 Defendant had not done so because Defendant had not 19 yet been served. Acknowledgment of Service, ECF No. 12 (Defendant served on October 21, 2011). 20 After he had, Defendant filed a motion to dismiss, which is currently set to be heard by the court on 21 January 5, 2012. MTD, ECF No. 13. In light of Defendant’s motion, Plaintiff’s motion is DENIED. 22 This disposes of ECF No. 9. 23 IT IS SO ORDERED. 24 Dated: November 21, 2011 _______________________________ LAUREL BEELER United States Magistrate Judge 25 26 27 28 1 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

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