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)

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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 2

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