Reynolds v. Verizon Wireless, LLC et al

Filing 28

ORDER: The Court: 1) DENIES as moot Plaintiff's Motion # 25 for Disqualification of Counsel; 2) DENIES Plaintiff's Motion # 27 for Subpoenas with leave to renew; 3) Takes Defendants' Motion # 21 to Dismiss UNDER ADVISEMENT on April 21, 2017; and 4) Holds in ABEYANCE Plaintiff's Motions # 3 , # 26 for Immediate Injunctive Relief. IT IS SO ORDERED. Signed on 3/31/2017 by Judge Anna J. Brown. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

GREG M. REYNOLDS,
3:16-cv-02313-BR
Plaintiff,
ORDER
v.

VERIZON WIRELESS, LLC, and
JOHN G. STRATTON,
Defendant.

BROWN, Judge.
This matter comes before the Court on Motion (#25) for
Disqualification of Counsel, Motion (#26) for Immediate
Injunctive Relief, and Motion (#27) for Subpoenas.
On December 9, 2016, Plaintiff filed a Complaint in this
Court.

On December 9, 2016, Plaintiff also filed a Motion (#3)

for Immediate Injunctive Relief and asked the Court to "remove
information from his credit report."

The Court advised Plaintiff

that the record did not support the Court taking action on the

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Motion for Immediate Injunctive Relief until, at least, counsel
appeared for Defendants.
Defense counsel has now appeared.

On March 14, 2017,

Defendants filed a Motion (#21) to Dismiss Plaintiff's Complaint
for failure to state a claim.

On March 23, 2017, Plaintiff filed

a Response (#24) to the Motion to Dismiss.

Defendants' reply in

support of their Motion is due April 21, 2017, and the Court will
take the Motion to. Dismiss under advisement on that date.
On March 24, 2017, Plaintiff also filed a second Motion
(#26) for Immediate Injunctive Relief.

The Court will hold both

of Plaintiff's Motions (#3,#26) for Immediate Injunctive Relief
in abeyance pending resolution of Defendants' Motion to Dismiss.
If the Court denies Defendants' Motion to Dismiss, the Court will
set a briefing schedule regarding Plaintiff's Motions for
Injunctive Relief.
Finally, on March 24, 2017, Plaintiff filed a Motion (#25)
for Disqualification of Counsel and a Motion (#27) for Subpoenas.
In the Motion for Disqualification of Counsel Plaintiff seeks to
disqualify Darrel W. Clark as counsel for Defendants.

Clark does

not appear to be a member of the Oregon State Bar or admitted to
practice before this Court, and he has not requested pro hac vice
admission to this Court pursuant to Local Rule 83-3.

As a

result, Clark does not represent Defendants in this Court at this
time.

Accordingly, the Court denies Plaintiff's Motion for

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Disqualification as moot.

If Clark wishes to appear in this

action, he must seek admission as required by the Local Rules of
this Court.
In his Motion (#27) for Subpoenas Plaintiff seeks to compel
various entities to provide Plaintiff with information regarding
his credit report.

Those entities are not named parties in this

action and do not appear to have been previously served with any
subpoenas.
Federal Rule of Civil Procedure 45 sets forth the procedures
to obtain and to serve a· subpoena on a nonparty for the purpose
of obtaining information from such a person.

The form of

subpoena can be obtained from and issued by the Clerk of Court at
Plaintiff's request.

After the subpoena has been properly issued

and served on the nonparty, Plaintiff may seek a court order to
compel compliance if the subpoenaed party does not comply with
the subpoena.
At present, therefore, the Court does not have the authority
to compel the third parties to provide information to Plaintiff,
and, as a result, the Court denies Plaintiff's Motion for
Subpoenas with leave to renew after Plaintiff satisfies the
requirements of Rule 45.
In summary, the Court:
1.

DENIES as moot Plaintiff's Motion (#25) for

Disqualification of Counsel;

3 - ORDER

2.

DENIES Plaintiff's Motion (#27) for Subpoenas with

leave to renew;
3.

Takes Defendants' Motion (#21) to Dismiss UNDER
ADVISEMENT on April 21, 2017; and

4.

Holds in ABEYANCE Plaintiff's Motions (#3, #26)
for Immediate Injunctive Relief.

IT IS SO ORDERED.
DATED this 31st day of March, 2017.

ANN~~

United States District Judge

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