Ademiluyi v. Phillips
Filing
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ORDER Granting 76 Motion to Enforce Subpoenas Issued to TMobile. Denying 84 Motion to Inquire About Status of 76 Motion. Granting 87 Motion to Amend 76 . Signed by Magistrate Judge Carl W. Hoffman on 8/11/2014. (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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APRIL ADEMILUYI,
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Plaintiff,
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vs.
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DAVID LEE PHILLIPS,
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Defendant.
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__________________________________________)
Case No. 2:14-cv-00507-MMD-CWH
ORDER
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This matter is before the Court on Plaintiff’s Motion to Enforce Subpoenas Issued to T13
Mobile (#76), filed on June 28, 2014. This matter is also before the Court on Plaintiff’s Motion to
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Inquire About Status of Motion #76 (#84), filed on August 6, 2014, and Plaintiff’s Motion to
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Amend Motion #76 (#87), filed on August 7, 2014. The Court also considered Plaintiff’s
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Certificate of Compliance (#79), filed August 4, 2014.
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Plaintiff issued subpoenas to T-Mobile on June 24, 2014, July 7, 2014, and July 9, 2014 for
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the phone records of Daryl Parks from April 2012 until April 2013. She seeks a court order to
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receive the records directly claiming that T-Mobile objected by indicating that it would release the
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records to the court only. On August 6, 2014, Senior Corporate Counsel for T-Mobile US, Inc.
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responded by indicating that they would prefer to submit the records to the court for in camera
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review to weigh the privacy rights of the non-party. T-Mobile notes that public disclosure of phone
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records has been a contested issue in this case. However, T-Mobile indicates that it is ready to
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produce the records and will provide them to Plaintiff directly if that is the court’s directive.
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The Court finds good cause to grant Plaintiff’s Motion to enforce the subpoenas issued to
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T-Mobile. Plaintiff’s Motion (#87) to amend her initial Motion (#76) by adding T-Mobile’s
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response is granted. The Court notes that T-Mobile did not raise an objection on behalf of the non28
party, but merely expressed a preference as to the required form of production. As such, the Court
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finds that the phone records shall be produced directly to the Court and an in camera review is not
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needed at this time.
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Plaintiff’s Motion (#87) inquiring as to the status of Motion (#76) is denied. Plaintiff
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indicated that she was unaware that she cannot write a letter to the court. She is directed to review
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Federal Rule of Civil Procedure 7 in addition to Local Rule 7-6(b). Further, Plaintiff requested the
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status of a motion that was not ripe. Plaintiff should review Local Rule 7-2, which sets forth the
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briefing schedule for all motions. As an attorney and party to this action, Plaintiff must abide by
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the Federal Rules of Civil Procedure and this Court’s Local Rules.
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Based on the foregoing and good cause appearing therefore,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Enforce Subpoenas Issued to T-
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Mobile (#76) is granted to the extent that T-Mobile may provide the phone records directly to
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Plaintiff rather than the Court.
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IT IS FURTHER ORDERED that Plaintiff’s Motion to Inquire About Status of Motion
#76 (#84) is denied.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Amend Motion #76 (#87) is
granted.
DATED this 11th day of August, 2014.
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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge
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