Allstate Insurance Company et al vs. Nassiri, et al.,

Filing 604

ORDER Granting 595 Motion to Quash Subpoena. Signed by Magistrate Judge George Foley, Jr on 6/11/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ALLSTATE INSURANCE COMPANY, et al.,

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Plaintiffs,
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vs.
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OBTEEN N. NASSIRI, D.C, et al.,
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Defendants. )
__________________________________________)

Case No. 2:08-cv-00369-JCM-GWF
ORDER
Motion to Quash Subpoena (#595)

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This matter comes before the Court on non-party witness Kirk Lamping’s Emergency Motion to

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Quash Subpoena (#595), filed on June 6, 2013. This Court gave the Parties until 12:00 PM, Tuesday,

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June 11, 2013 to file any responses to the Motion (#595). See June 6, 2013 Minute Order, Doc. #597.

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No Parties filed a timely response.

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Mr. Lamping seeks to quash the trial subpoena served upon him by Defendant Nassiri under

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Federal Rule of Civil Procedure 45. Rule 45(c)(3)(A)(ii) provides that a court must quash or modify a

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subpoena that “requires a person who is neither a party nor a party’s officer to travel more than 100

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miles from where that person resides, is employed, or regularly transacts business[.]” Mr. Lamping is

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neither a party nor a party’s officer in this action, and represents that he resides and works more than

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100 miles from this District in Los Angeles, California. Furthermore, under Local Rule 7-2(d), the

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failure of an opposing party to file points and authorities in response to any motion shall constitute a

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consent to the granting of the motion. The time to oppose the instant Motion has expired, and no

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opposition has been filed. Accordingly,

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...

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...

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IT IS HEREBY ORDERED that Kirk Lamping’s Emergency Motion to Quash Subpoena
(#595) is granted.
11th
DATED this ____ day of June, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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