Activision TV Inc. v. Carmike Cinemas Inc.

Filing 3

ORDER granting 1 motion to quash plaintiff's subpoena. Signed by Magistrate Judge James P. O'Hara on 1/2/2014. Mailed to M. Brett Johnson, Attorney for Activision TV, Inc., 8401 N. Central Expressway, Suite 280, Dallas, TX 75225 by regular mail. (mb)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ACTIVISION TV, INC.,
Plaintiff,
v.

Case No. 13-231-JWL

CARMIKE CINEMAS, INC.,
Defendant.
ORDER
Cinema Scene Marketing & Promotions, LLC (“Cinema Scene”) has filed a
motion to quash a subpoena that plaintiff Activision TV, Inc. served on Cinema Scene
(doc. 38). Cinema Scene argues that the subpoena is overly broad, seeks irrelevant
documents, and does not allow a reasonable time to comply. Because plaintiff has not
filed a response to the motion, it is granted as unopposed.
D. Kan. Rule 7.4(b) provides A[i]f a responsive brief or memorandum is not filed
within the Rule 6.1(d) time requirements, the court will consider and decide the motion as
an uncontested motion.

Ordinarily, the court will grant the motion without further

notice.@ Cinema Scene filed the motion to quash on December 17, 2013. Under D.
Kan. Rule 6.1(d)(1), any responses were required to be filed within 14 days, i.e., by
December 31, 2013. No response has been filed. Thus, the court considers the motion
unopposed. The motion is granted and Cinema Scene need not respond to the subpoena.
IT IS SO ORDERED:
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Dated January 2, 2014, at Kansas City, Kansas.

s/James P. O=Hara
James P. O=Hara
U.S. Magistrate Judge

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