Shinjin Vapor LLC v. Bolt USA, LLC

Filing 61

ORDER by Judge Hamilton granting 60 Discovery Letter Brief. (pjhlc3, COURT STAFF) (Filed on 1/7/2022)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHIJIN VAPOR LLC,

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Plaintiff,

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BOLT USA, LLC,

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United States District Court
Northern District of California

ORDER DIRECTING THIRD-PARTY
ONE UP VAPOR, LLC TO COMPLY
WITH SUBPOENA

v.

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Case No. 20-cv-05238-PJH

Re: Dkt. No. 60

Defendant.

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Before the court is a joint discovery letter brief filed by the parties in the above-

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captioned case. See Dkt. 60. In the letter, plaintiff requests that the court order third-

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party One Up Vapor, LLC to comply with its subpoena seeking documents and a

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deposition appearance. Id. at 2. Defendant states that it “has no position on whether the

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court should order the third party to appear.” Id. at 3.

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The court concludes that One Up Vapor has indeed failed to comply with the

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subpoena by failing to appear at the noticed deposition, and therefore ORDERS One Up

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Vapor to appear for a deposition and to produce documents as set forth in the subpoena.

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Because the joint letter brief did not request a specific date on which One Up Vapor be

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ordered to appear, the court sets a deadline of January 14, 2022 for One Up Vapor to

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appear for deposition and produce documents.

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IT IS SO ORDERED.
Dated: January 7, 2022
/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge