United States of America et al v. Undetermined quantities of all articles of finished and in-process foods, etc. et al

Filing 11

ORDER finding as moot 1 Motion to Compel. Signed by Magistrate Judge Jane M. Virden on 9/23/16. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
U NITED S TATES

OF

A MERICA

P LAINTIFF ,
v.

Civil Action No.
3:16MC024-JMV

U NDETERMINED QUANTITIES OF . . . 1,3D IMETHYLAMYLAMINE HC L (DMAA) . . .
D EFENDANT ,
and
H I -T ECH P HARMACEUTICALS , I NC .,
J ARED W HEAT ,

AND

C LAIMANTS .

ORDER
Before the Court is Hi-Tech Pharmaceutical, Inc. (“Hi-Tech”) and Jared Wheat’s motion
to compel production of documents [1].
Essentially, Hi-Tech and Wheat seek an order of this Court compelling the University of
Mississippi to produce documents responsive to a subpoena served upon the University in March
2016. The University’s main objection to production of the documents was that the fact and nonexpert discovery deadline in the underlying litigation, United States v. Undetermined Quantities

of . . . 1, 3-dimethylamylamine HCl (“DMAA”), Civil Action No. 1:13-3675-WBH-JCF (N.D.
Ga.), had expired by the time the subpoena was served. The University now represents that
because the fact discovery deadline in the underlying action has been extended to November 11,
2016 by agreement of the parties, it will continue to cooperate with Hi-Tech to produce
responsive documents on a rolling basis and expects that the production can be completed within
10 days from September 21, 2016. Accordingly, the Court finds the motion to compel is moot. 
SO ORDERED this 23rd day of September, 2016.

/s/ Jane M. Virden__________
United States Magistrate Judge

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