J & J Sports Productions, Inc. v. Stott et al

Filing 21

ORDER re: 20 Notice filed by J & J Sports Productions, Inc. This matter is before the Court on Plaintiffs Counsels letter dated February 4, 2010, which the Court deems to be a motion (the Motion). The purpose of the Motion is to seek the Courts sig nature on a subpoena duces tecum to non-party DISH Network, LLC. First, it is not appropriate for counsel to communicate with the Court by letter, except in the context of settlement negotiations. The Court ordinarily does not, and will not in the fu ture, respond to letters from counsel. Second, as set forth in Fed.R.Civ.P. 45(a)(3), a subpoena duces tecum must be completed by a party and either issued by the clerk of the court for the district where the production is to be made, or by an attorn ey as an officer of that court, so long as s/he is authorized to practice therein. Accordingly, pursuant to the Federal Rules of Civil Procedure, United States Magistrate Judges dont sign subpoenas. IT IS HEREBY ORDERED that the Motion is DENIED. by Magistrate Judge Kristen L. Mix on 2/10/2010. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02447-CMA-KLM J & J SPORTS PRODUCTIONS, INC., as Broadcast Licensee of the December 6, 2008, DeLaHoya/Pacquaio Broadcast, Plaintiff, v. DAVID STOTT, individually, and as an officer, director shareholder and/or principal of STOTTGRACEY LLC, d/b/a SPORTSCASTER BAR & GRILL, a/k/a SPORTSCASTER BAR, a/k/a SPORTSCASTER GRILL & TAVERN, a/k/a SPORTSCASTER BAR & RESTAURANT, and STOTTGRACEY LLC, d/b/a SPORTSCASTER BAR & GRILL, a/k/a SPORTSCASTER BAR, a/k/a SPORTSCASTER GRILL & TAVERN, a/k/a SPORTSCASTER BAR & RESTAURANT, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Counsel's letter dated February 4, 2010 [Docket No. 20], which the Court deems to be a motion (the "Motion"). The purpose of the Motion is to seek the Court's signature on a subpoena duces tecum to non-party DISH Network, LLC. First, it is not appropriate for counsel to communicate with the Court by letter, except in the context of settlement negotiations. The Court ordinarily does not, and will not in the future, respond to letters from counsel. Second, as set forth in Fed.R.Civ.P. 45(a)(3), a subpoena duces tecum must be completed by a party and either issued by the clerk of the court for the district where the production is to be made, or by an attorney as an officer of that court, so long as s/he is authorized to practice therein. Accordingly, pursuant to the Federal Rules of Civil Procedure, United States Magistrate Judges don't sign subpoenas. IT IS HEREBY ORDERED that the Motion is DENIED. Dated: February 10, 2010