Homeward Residential, Inc. v. Sand Canyon Corporation

Filing 7

Order by Magistrate Judge Donna M. Ryu granting 6 Discovery Letter Brief and transferring subpoena-related motion to issuing court pursuant to Federal Rule of Civil Procedure 45(f).(dmrlc3, COURT STAFF) (Filed on 12/11/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HOMEWARD RESIDENTIAL, INC., Case No. 15-mc-80287-DMR Plaintiff, 8 v. 9 10 SAND CANYON CORPORATION, Defendant. ORDER GRANTING THE REQUEST OF THE PARTIES AND MR. SAMPATH TO TRANSFER SUBPOENA-RELATED MOTION TO ISSUING COURT Re: Dkt. No. 6 United States District Court Northern District of California 11 12 The parties and third-party Mr. Athreya Sampath have filed a joint discovery letter [Docket 13 No. 6] requesting that the court transfer Plaintiff’s and Mr. Sampath’s Motion to Quash 14 Defendant’s deposition subpoena to Mr. Athreya Sampath to the issuing court, the United States 15 District Court for the Southern District of New York, pursuant to Federal Rule of Civil Procedure 16 45(f). Federal Rule of Civil Procedure 45(f) provides that “[w]hen the court where compliance is 17 required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if 18 the person subject to the subpoena consents.” Mr. Sampath, the subject of the subpoena, and all 19 parties to the litigation have consented to and requested the transfer of the motion to quash from 20 this court to the issuing court. 21 The request of the parties and Mr. Sampath is granted. Sand Canyon’s and Mr. Sampath’s 22 Motion to Quash Homeward’s deposition subpoena is hereby transferred to the United States 23 District Court for the Southern District of New York pursuant to Federal Rule of Civil Procedure 24 45(f). To accomplish this transfer, Plaintiff and Mr. Sampath are directed to file their Motion to 25 Quash the Subpoena to Mr. Sampath in the existing underlying case in the United States District 26 Court for the Southern District of New York. The clerk is hereby ordered to close this case. 27 28 1 2 3 4 IT IS SO ORDERED. Dated: December 11, 2015 ______________________________________ Donna M. Ryu United States Magistrate Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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