People of the State of California v. Manos

Filing 4

ORDER granting 2 Motion to Quash Subpoena Duces Tecum and Vacate Contempt Proceedings. This case is dismissed. Signed by Judge Larry Alan Burns on 6/10/15. (All non-registered users served via U.S. Mail Service)(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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PEOPLE OF THE STATE OF
CALIFORNIA,

CASE NO. 15cv1048-LAB (BGS)

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ORDER GRANTING MOTION TO
QUASH SUBPOENA DUCES TECUM
AND VACATE CONTEMPT
PROCEEDINGS

Plaintiff(s),
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vs.
MAUREEN MANOS,

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Defendant(s).

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The United States Department of Veterans Affairs (VA) filed a motion to (1) quash

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Maureen Manos' subpoena duces tecum to the VA in San Diego Superior Court Case No.

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CN340285; and (2) vacate the contempt proceedings against the VA in the same case.

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(Docket no. 2.)

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The hearing on the VA's motion is calendared for June 15, 2015 at 11:30 a.m..

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(Docket no. 3.) Manos hasn't filed an opposition to the motion within the time permitted

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under Civil Local Rule 7.1(e)(2), and has not sought leave to delay filing or to continue the

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hearing. Nor has Manos complied with Civil Local Rule 7.1(f)(3)(a)’s requirement that she

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either oppose the motion or file a statement of non-opposition. Manos is represented by

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counsel. As provided under Civil Local Rule 7.1(f)(3)(c), failure to timely oppose a motion

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may constitute consent to granting the motion.
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15cv1048

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Additionally, "where a subpoena is issued to a non-party federal government agency

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in conjunction with litigation in state court, the state court may not enforce the subpoena

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against the federal government due to federal sovereign immunity." Commonwealth of

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Puerto Rico v. United States, 490 F.3d 50, 61 n.6 (1st Cir. 2007); see also In re Elko Cnty.

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Grand Jury, 109 F.3d 554, 556 (9th Cir. 1997) (same). "[F]ederal courts have consistently

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held that they lack jurisdiction to enforce the subpoena in cases where the government has

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removed the subpoena proceedings to federal court." Puerto Rico, 490 F.3d at 61 n.6. The

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same is true here.

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For these reasons, the VA's motion is GRANTED. This case is DISMISSED.
IT IS SO ORDERED.
DATED: June 10, 2015

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HONORABLE LARRY ALAN BURNS
United States District Judge

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15cv1048