Scottsdale Insurance Company v. 8Force Assets, LLC et al

Filing 48

ORDER that 40 Plaintiff's Motion to Order Issuance of Subpoena Duces Tecum for Production of Records to Cellco Partnership d/b/a Verison Wireless is granted. Signed by Magistrate Judge George Foley, Jr on 12/27/2017. (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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SCOTTSDALE INSURANCE COMPANY,

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Plaintiff,
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vs.
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8FORCE ASSETS, LLC, et al.,
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Defendants.
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__________________________________________)

Case No. 2:17-cv-02036-APG-GWF
ORDER

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This matter is before the Court on Plaintiff’s Motion to Order Issuance of Subpoena Duces

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Tecum for Production of Records to Cellco Partnership d/b/a Verison Wireless (ECF No. 40), filed

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on December 6, 2017. To date, no party has filed an opposition to this motion and the time for

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response has now expired.

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Plaintiff requests that the Clerk of the Court authorize and execute its subpoena duces tecum

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to the custodian of records for Cellco Partnership doing business as Verizon Wireless (“Verizon”) to

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produce phone records for Defendant Arpad Baron for the period of January 1, 2017 to February 2,

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2017. Plaintiff represents that it served a subpoena duces tecum on Verizon and it would not release

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records without a court-ordered subpoena. The Court finds good cause to grant Plaintiff’s request for

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issuance of the subpoena duces tecum.

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In addition, Local Rule 7-2(d) provides that “The failure of an opposing party to file points

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and authorities in response to any motion shall constitute a consent to the granting of the motion.”

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Defendant did not file points and authorities in response to Plaintiff’s instant motion. Therefore,

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Defendant is considered to have consented to the granting of Plaintiff’s motion under LR 7-2(d).

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Accordingly,

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IT IS HEREBY ORDERED Plaintiff’s Motion to Order Issuance of Subpoena Duces Tecum

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for Production of Records to Cellco Partnership d/b/a Verison Wireless (ECF No. 40) is granted.

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IT IS FURTHER ORDERED that the Clerk of the Court shall issue the subpoena duces

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tecum attached as Exhibit A to Plaintiff’s Motion to Order Issuance of Subpoena Duces Tecum

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for Production of Records to Cellco Partnership d/b/a Verison Wireless (ECF No. 40).

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DATED this 27th day of December, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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