Homeward Residential, Inc. v. Sand Canyon Corporation
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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HOMEWARD RESIDENTIAL, INC.,
Case No. 15-mc-80287-DMR
Plaintiff,
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v.
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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
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The parties and third-party Mr. Athreya Sampath have filed a joint discovery letter [Docket
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No. 6] requesting that the court transfer Plaintiff’s and Mr. Sampath’s Motion to Quash
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Defendant’s deposition subpoena to Mr. Athreya Sampath to the issuing court, the United States
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District Court for the Southern District of New York, pursuant to Federal Rule of Civil Procedure
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45(f). Federal Rule of Civil Procedure 45(f) provides that “[w]hen the court where compliance is
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required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if
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the person subject to the subpoena consents.” Mr. Sampath, the subject of the subpoena, and all
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parties to the litigation have consented to and requested the transfer of the motion to quash from
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this court to the issuing court.
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The request of the parties and Mr. Sampath is granted. Sand Canyon’s and Mr. Sampath’s
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Motion to Quash Homeward’s deposition subpoena is hereby transferred to the United States
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District Court for the Southern District of New York pursuant to Federal Rule of Civil Procedure
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45(f). To accomplish this transfer, Plaintiff and Mr. Sampath are directed to file their Motion to
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Quash the Subpoena to Mr. Sampath in the existing underlying case in the United States District
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Court for the Southern District of New York. The clerk is hereby ordered to close this case.
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IT IS SO ORDERED.
Dated: December 11, 2015
______________________________________
Donna M. Ryu
United States Magistrate Judge
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United States District Court
Northern District of California
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