Miller et al v. The Board of Regents of the University of Minnesota

Filing 5

ORDER terminating as moot 1 Motion to Quash. Signed by Magistrate Judge Philip R. Lammens on 4/11/2017. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
SHANNON MILLER, JEN BANFORD
and ANNETTE WILES,
Plaintiffs,
v.

Case No: 5:17-mc-5-Oc-10PRL

THE BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
Defendant,
and
DAVID GOLDBERG
Non-Party.

ORDER
On April 3, 2017, the Court issued an Order directing the parties and non-party, David
Goldberg, to show cause why Mr. Goldberg’s motion to transfer and quash subpoena should not
be denied as moot. (Doc. 2). The parties and Mr. Goldberg have now filed responses advising
that the issue raised by the motion – specifically, whether the subpoena for Mr. Goldberg’s
deposition on March 31, 2017 should be quashed – is moot because the date for which the
deposition was noticed has already passed. (Docs. 3, 4).
Nonetheless, Mr. Goldberg and Defendant assert that “to the extent Plaintiffs intend to seek
enforcement of the subpoena, or the imposition of sanctions or adverse inferences due to Mr.
Goldberg failing to appear for deposition on March 31, 2017, then, respectfully, Mr. Goldberg
asserts that his motion should not be denied as moot, but should be transferred to the District of
Minnesota for further proceedings.” Doc. 3 at 2-3. However, none of these potential scenarios

are raised by the instant motion. Because, at this point, there is no live controversy for the Court
to consider here, there is likewise nothing to be transferred to the District of Minnesota.
Accordingly, Mr. Goldberg’s motion to transfer and quash subpoena (Doc. 1) is terminated
as moot. The Clerk is directed to close this matter.
DONE and ORDERED in Ocala, Florida on April 11, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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