Domain Vault, LLC et al v. RPV, Ltd

Filing 5

ORDER. IT IS ORDERED that 1 Petitioners' motion to quash is GRANTED. The Clerk shall TRANSFER this motion to the Bankruptcy Court for the Eastern District of Texas. Signed by Magistrate Judge Carl W. Hoffman on 3/8/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DOMAIN VAULT, LLC, et al.,

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Petitioners,
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v.
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PRV, LTD.,,
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Respondent.
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_______________________________________ )

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Case No. 2:18-cv-000185-JCM-CWH

ORDER

Presently before the Court is Petitioners’ motion to quash (ECF No. 1), filed on February 1,

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2018. On February 14, 2018, Petitioners filed a certificate of service (ECF No. 4), certifying that

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Respondent had been served with the motion. No party has filed a response. The petition, styled as

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a motion to quash, seeks an order to transfer the matter of Respondent’s subpoena to the Bankruptcy

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Court for the Eastern District of Texas, which issued the subpoena. Petitioners argue that the subject

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subpoena, served by Respondent PRV, LTD. upon Name.com, Inc., presents exceptional

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circumstances warranting transfer to the issuing Court.

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Federal Rule of Civil Procedure 45(f) allows for transfer of a motion to quash a subpoena by

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a Court where compliance of the subpoena is sought, to the court that issued the subpoena. Such a

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transfer may be made upon a finding of exceptional circumstances. Here, Petitioners allege that

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Respondent is a vexatious litigant, and has no right to the subpoenaed material.

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Under Local Rule 7-2(d), the “failure of an opposing party to file points and authorities in

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response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees,

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constitutes a consent to the granting of the motion.” As no response has been filed, the Court will

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grant the motion.

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IT IS THEREFORE ORDERED that Petitioners’ motion to quash (ECF No. 1) is

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GRANTED. The Clerk shall TRANSFER this motion to the Bankruptcy Court for the Eastern

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District of Texas.

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DATED: March 8, 2018

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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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