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