Orr et al v. Macy's Retail Holdings, Inc.

Filing 10

ORDER DISMISSING CASE as duplicative of the presently-pending Primary Action CV416-052. This case is Closed. Signed by Judge J. Randal Hall on 9/29/16. (cmr)

IN THE UNITED
FOR THE

STATES

DISTRICT

SOUTHERN DISTRICT

COURT

OF GEORGIA

SAVANNAH DIVISION

JACQUELYN ORR and WILLIAM ORR,

*

Plaintiffs,

*
*

v.

*

CV 416-237

*

MACY'S RETAIL HOLDINGS,

INC.,

Defendant.

ORDER

On

September

3,

2015,

Plaintiffs

damages against Defendant in the

Georgia,

Jacquelyn

Holdings,

Inc.,

Defendant

removed that

4:16-CV-052

Docket,

Doc.

Case

No.

1.)

(the

and

William

Orr

STCV1501426.

On

v.

On August

Action").

4,

v.

complaint

2016,

Macy's

February

this Court,

Macy's Retail

"Primary

a

for

State Court of Chatham County,

action to

Orr et al.

the matter of

No.

Orr

filed

11,

2016,

thereby initiating

Holdings,

(See

during

Retail

Inc.,

Case

Primary

Action

discovery

in the

Primary Action,

Defendant served a subpoena duces tecum on non

party Facebook,

Inc.,

and

other

commanding Facebook to produce documents

information

for

Defendant's counsel in Atlanta,
of Georgia.

inspection

at

the

offices

of

Georgia in the Northern District

(See Doc. 1, Ex. B.)

On August
their

to
18,

Motion

17,

for

Facebook.
2016,

2016,

Plaintiffs

Protective

(See

Order

Primary Action

Plaintiffs

filed

in

the

filed

in the

Quashing

Docket,

Primary Action

the

Subpoena

Doc.

Northern

44.)

Issued

On August

District

of

Georgia

their Motion to Quash Defendant's Subpoena Directed to Facebook,
Inc.,

thereby

Retail

initiating

Holdings,

Action").

Inc.,

(Doc.

Judge

Magistrate

1.)

for

the

Case

On

the

matter

No.

Orr

et

l:16-mi-63

September

Northern

of

2,

v.

(the

2016,

District

al.

a

of

Macy's

"Secondary

United

Georgia

States

ordered

that the Secondary Action be transferred to this Court,1 thereby
initiating the instant case.

litigate the

propriety of

(Doc. 7.)

Defendant's

The parties continue to

subpoena

to

Facebook in

the Primary Action.

Upon

due

duplicative
4:16-CV-052.

consideration,

of

the
The

the

instant

presently-pending
Clerk

is

directed

pending motions and CLOSE this case.
Plaintiffs'

case

is

DISMISSED

Primary Action,
to

TERMINATE

Case
all

thereunder,

No.

other

The Primary Action,

and Defendant's respective rights

as

and

shall

continue unaffected by the instant dismissal.

1 The Magistrate Judge for the Northern District of Georgia transferred the
Secondary Action to this Court pursuant to Rule 45(f) of the Federal Rules of
Civil Procedure, on the grounds that the parties' arguments in relation to
Plaintiffs' motion for protective order and motion to quash were virtually
identical, and thus there was a risk of inconsistent rulings and waste of
judicial resources.

(See Doc. 7, at 5-6.)

ORDER ENTERED at Augusta,
September,

Georgia,

this ^Q^IL^ day of

2016.

i

STATES

HALL

DISTRICT

JUDGE

-SOIITJ^RN DISTRICT OF GEORGIA