Newkirk et al v. Conagra Foods, Inc. et al

Filing 52

ORDER that the motion of Symrise, Inc. (Filing 51) is granted. The Clerk of the Court shall correct the records of the court and shall remove Grant Josiah Silvernale, III, Brendan Murphy, David E. Kawala, and Alison B. Crane, as attorneys of record i n this action. Filings 17 , 18 , 19 , 20 , and 24 are stricken, as Symrise, Inc. is not a party to the pending discovery dispute, and its attorneys are not required to register for admittance to practice in this district. Nor is Symrise, Inc. r equired to file any corporate disclosure statement in this matter. On the court's own motion, IT IS FURTHER ORDERED: The Clerk of the Court shall remove Christopher William Angius as counsel of record in this action because Chr. Hanson, Inc. is not a party to the pending discovery dispute, and its attorney is not required to register for admittance to practice in this district. Chr. Hanson, Inc. is not required to file any corporate disclosure statement in this matter, and filings 21 , 22 , and 25 are hereby stricken. Ordered by Magistrate Judge F. A. Gossett. (ADB, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA L A R R Y I. NEWKIRK and RUTH A. NEWKIRK, P l a i n t if fs , vs. C O N A G R A FOODS, INC., a Delaware c o r p o r a tio n ; SYMRISE, INC., a New J e r s e y Corporation; and CHR. H A N S O N INC., a Wisconsin C o r p o r a tio n , D e f e n d a n t s, M c G R A T H NORTH MULLIN & K R A T Z , PC LLO; SANDRA MORAR; a n d CONAGRA FOODS, INC., M o v a n t s. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

8 : 1 0 - c v -2 2 - L S C - F G 3 ORDER
(Related Case No. CV-08-00273-FVS, U.S. District Court, E.D. Wash.)

T h is discovery dispute is before the magistrate judge pursuant to 28 U.S.C. § 636 and N E C iv R 72.1 for full pretrial supervision and resolution of the Motion to Quash and for P r o te c tiv e Order filed by McGrath North Mullin & Kratz, PC LLO ("McGrath North"), Ms. S a n d ra Morar, Esq., and ConAgra Foods, Inc. ("ConAgra") (together, "Movants"). The s u b p o e n a s in question were issued by this court, see Fed. R. Civ. P. 45(a)(2); however, the u n d e rlyin g litigation is pending in the Eastern District of Washington. T h e discovery dispute pending in this court (Filing 1) is between the Movants and the p la in tif f s and does not involve Symrise, Inc. or Chr. Hanson Inc. Apparently, the Clerk of th e Court has added each and every person listed in the Movants' certificate of service as c o u n se l of record in this court. No attorney for Symrise, Inc. or Chr. Hanson Inc. has entered a n appearance in this district or has any reason to do so. Upon direction from the Clerk of th e Court, counsel for Symrise, Inc. filed a "Motion Not to Appear in this Matter,"

sta tin g ­ w ith merit­that they were erroneously added as counsel of record in this purely an cillary matter. I T IS ORDERED: 1 . T h e motion of Symrise, Inc. (Filing 51) is granted. The Clerk of the Court shall c o rre c t the records of the court and shall remove Grant Josiah Silvernale, III, Brendan M u rp h y, David E. Kawala, and Alison B. Crane, as attorneys of record in this action. 2 . F ilin g s 17, 18, 19, 20 and 24 are stricken, as Symrise, Inc. is not a party to the p e n d in g discovery dispute, and its attorneys are not required to register for admittance to p rac tice in this district. Nor is Symrise, Inc. required to file any corporate disclosure statem en t in this matter. O n the court's own motion, IT IS FURTHER ORDERED: 3 . T h e Clerk of the Court shall remove Christopher William Angius as counsel of rec o rd in this action because Chr. Hanson, Inc. is not a party to the pending discovery d isp u te, and its attorney is not required to register for admittance to practice in this district. C h r. Hanson, Inc. is not required to file any corporate disclosure statement in this matter, and F ilin g s 21, 22 and 25 are hereby stricken. D A T E D February 25, 2010. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge

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