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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ON DEMAND DIRECT RESPONSE, LLC,

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Case No. 2:15-cv-01576-MMD-GWF

Plaintiff,
v.

ORDER

SHANA LEE MCCART-POLLAK,
Defendant.

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This matter is before the Court on Plaintiff’s Motion for Permission to Serve Non-Party

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Subpoena on Jay at Play (ECF No. 402), filed on December 14, 2018. To date, no party has filed

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an opposition to this motion and the time for response has now expired.

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On November 14, 2018, Defendant and Third-Party Plaintiff Shana Lee McCart-Pollak

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(hereinafter “McCart-Pollak”) served a subpoena on an individual named Mark Meyers and he

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produced documents reflecting royalty payments to Plaintiff On Demand (“On Demand”) for

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2015. However, Mr. Meyers was unable to fully comply with the subpoena. Based on Mr. Meyers’

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assertion, Plaintiff represents that Jay at Play likely has documents reflecting royalty payments

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made to On Demand. She requests that the Court permit her to serve a subpoena on Jay at Play

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requesting the same documents requested in the subpoena served on Mark Meyers. The Court

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finds good cause to grant Plaintiff’s request and, therefore, grants her motion to serve non-party

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subpoena on Jay at Play. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Permission to Serve Non-Party

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Subpoena on Jay at Play (ECF No. 402) is granted.

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Dated this 18th day of January, 2019

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GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE

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