Federal Trade Commission v. AMG Services, Inc. et al

Filing 632

AMENDED ORDER that 617 MOTION for Protective Order is DENIED as moot. FURTHER ORDERED that 618 MOTION to Strike is DENIED as moot. FURTHER ORDERED that 624 MOTION to Quash is DENIED as moot. FURTHER ORDERED that 626 MOTION to Quash is DENIED as moot. FURTHER ORDERED that 627 MOTION to Amend is DENIED as moot. Signed by Magistrate Judge Cam Ferenbach on 7/28/14. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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***

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FEDERAL TRADE COMMISSION,

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Plaintiff,

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AMG SERVICES, INC., et al.,

Case No. 2:12–cv–536–GMN–VCF

vs.

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AMENDED ORDER

Defendants.

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Five motions are before the court: (1) Defendants’ motion for a protective order (#617); (2) the
Commission’s motion to strike (#618); (3) Objector First International Bank & Trust’s motion to quash

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(#624); (4) Defendants’ motion to quash (#626); and (5) Defendants’ motion to amend their motion for a

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protective order (#627). For the reasons stated below, all five motions are denied as moot.

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On July 16, 2014, the Honorable Gloria M. Navarro, Chief U.S. District Judge, ruled that phase

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two of this litigation “shall commence on the date of this Order.” (See Order (#629) at 18:9–10). Four of

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the motions (#617, #618, #626, #627) pending before the court were filed before Judge Navarro entered

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her order. These four motions also dispute whether phase two has commenced and, as a result, seek to
prevent or compel discovery on that basis. The parties’ motions are now moot. Phase two has

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commenced. Discovery must proceed.
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The fifth motion (#624)—which seeks to quash the FTC’s subpoena because it violates rule 45’s
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100-mile rule—is also denied as moot. Under Rule 45(d)(2)(B)(i), “[i]f an objection is made” to a
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subpoena, “the serving party may move the court . . . for an order compelling production.” Here, First
International Bank & Trust served the FTC with a written objection. (See Doc. #624 at 22:2). Under

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Rule 45, First International Bank & Trust’s written objection mooted the need to file the instant motion
to quash.

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ACCORDINGLY, and for good cause shown,

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IT IS ORDERED that Defendants’ motion for a protective order (#617) is DENIED as moot.

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IT IS FURTHER ORDERED that the Commission’s motion to strike (#618) is DENIED as

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moot.
IT IS FURTHER ORDERED that Objector First International Bank & Trust’s motion to quash
(#624) is DENIED as moot.
IT IS FURTHER ORDERED that Defendants’ motion to quash (#626) is DENIED as moot.

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IT IS FURTHER ORDERED that Defendants’ motion to amend their motion for a protective
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order (#627) is DENIED as moot.
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IT IS SO ORDERED.
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DATED this 28th day of July, 2014.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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