On Demand Direct Response, LLC et al v. McCart-Pollak

Filing 409

ORDER that Plaintiff's Motion for Permission to Serve Non-Party Subpoena on Jay at Play (ECF No. 402 ) is granted. Signed by Magistrate Judge George Foley, Jr on 1/18/2019. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 ON DEMAND DIRECT RESPONSE, LLC, 7 8 9 10 Case No. 2:15-cv-01576-MMD-GWF Plaintiff, v. ORDER SHANA LEE MCCART-POLLAK, Defendant. 11 This matter is before the Court on Plaintiff’s Motion for Permission to Serve Non-Party 12 Subpoena on Jay at Play (ECF No. 402), filed on December 14, 2018. To date, no party has filed 13 an opposition to this motion and the time for response has now expired. 14 On November 14, 2018, Defendant and Third-Party Plaintiff Shana Lee McCart-Pollak 15 (hereinafter “McCart-Pollak”) served a subpoena on an individual named Mark Meyers and he 16 produced documents reflecting royalty payments to Plaintiff On Demand (“On Demand”) for 17 2015. However, Mr. Meyers was unable to fully comply with the subpoena. Based on Mr. Meyers’ 18 assertion, Plaintiff represents that Jay at Play likely has documents reflecting royalty payments 19 made to On Demand. She requests that the Court permit her to serve a subpoena on Jay at Play 20 requesting the same documents requested in the subpoena served on Mark Meyers. The Court 21 finds good cause to grant Plaintiff’s request and, therefore, grants her motion to serve non-party 22 subpoena on Jay at Play. Accordingly, 23 IT IS HEREBY ORDERED that Plaintiff’s Motion for Permission to Serve Non-Party 24 Subpoena on Jay at Play (ECF No. 402) is granted. 25 Dated this 18th day of January, 2019 26 27 GEORGE FOLEY, JR. UNITED STATES MAGISTRATE JUDGE 28 1

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