Bank of Montreal v. SK Foods. LLC

Filing 2

ORDER by Magistrate Judge Howard R. Lloyd re 1 SK Foods, LLC's Petition for Discovery. (hrllc2, COURT STAFF) (Filed on 6/30/2010)

Bank of Montreal v. SK Foods. LLC

Doc. 2

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BANK OF MONTREAL, Plaintiff, v. SK FOODS, LLC, Defendant. / No. C10-80152MISC JW (HRL) ORDER RE SK FOODS, LLC'S PETITION FOR DISCOVERY [Re: Docket No. 1] *E-FILED 06-30-2010*

United States District Court

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For the Northern District of California

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SK Foods, LLC ("SK Foods") filed a "Petition for Discovery," seeking leave to serve a deposition and document subpoena on Mark McCormick, an individual reportedly located in this district. SK Foods says that the discovery is sought in connection with a lawsuit pending against SK Foods in the District Court for the Northern District of Illinois: Bank of Montreal v. SK Foods, LLC, Case No. C09-03479. Pursuant to Fed. R. Civ. P. 45, a subpoena may be issued by the court clerk, "signed, but otherwise in blank, to a party who requests it." FED. R. CIV. P. 45(a)(3). A subpoena may also be issued by an attorney (as an officer of the court) on behalf of: (1) "a court in which the attorney is authorized to practice"; or (2) "a court for a district where a deposition is to be taken or production is to be made, if the attorney is authorized to practice in the court where the action is pending." Id. SK Foods may pursue discovery that is relevant to its case--subject, of course, to the

Dockets.Justia.com

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limits set by the Federal Rules of Civil Procedure and any court orders. However, to the extent SK Foods seeks this court's pre-approval of the proposed subpoena in the form presented, this court declines to do so. Nor does this court intend to foreclose any valid objections that may be made by person(s) responding to the subpoena. Insofar as SK Foods requests that this court issue a subpoena, SK Foods shall promptly so advise this court. In that instance, this court will issue a subpoena form to SK Foods, signed, but otherwise in blank, pursuant to Fed. R. Civ. P. 45(a)(3). SO ORDERED. Dated: June 30, 2010 HOWARD R. LLOYD

United States District Court

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For the Northern District of California

UNITED STATES MAGISTRATE JUDGE

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5:10-mc-80152-JW Notice has been electronically mailed to: Robert Laurence Rosenthal [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court

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For the Northern District of California

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