Zimmerman v. Philips North America LLC et al

Filing 17

ORDER denying as moot 1 Petitioner's Motion to Quash Subpoena Served on Non-Party Dustin Zimmerman or, in the Alternative, Motion for Modification/Protective Order. Signed by Magistrate Judge David Keesler on 3/31/21. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:20-MC-141-MOC-DCK
DUSTIN ZIMMERMAN,
Petitioner,
v.
PHILIPS NORTH AMERICA LLC, ET AL.,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on Petitioner’s “Motion To Quash
Subpoena Served On Non-Party Dustin Zimmerman Or, In The Alternative, Motion For
Modification/Protective Order” (Document No. 1) filed September 8, 2020. This motion has been
referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and is ripe for
disposition. Having carefully considered the motion and the record, the undersigned will deny the
motion.
By the instant motion, Petitioner sought to quash a subpoena regarding discovery demands
related to a case pending in the Untied States District Court for the Southern District of Florida,
Philips North America, LLC v. 626 Holdings, Inc., 9:19-CV-81263-RS. This Court was unable to
promptly address Petitioner’s motion.

Since then, discovery in the Florida case has been

completed and a trial is scheduled for May 4, 2021. In addition, Petitioner’s counsel has reported
to the undersigned’s staff that Mr. Zimmerman is no longer listed as a potential witness in the
Florida case and that they now believe the pending motion is moot.

IT IS, THEREFORE, ORDERED that Petitioner’s “Motion To Quash Subpoena Served
On Non-Party Dustin Zimmerman Or, In The Alternative, Motion For Modification/Protective
Order” (Document No. 1) is DENIED AS MOOT.
SO ORDERED.

Signed: March 31, 2021

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