Arlin Geophysical et al v. USA

Filing 290

MEMORANDUM DECISION and Orderfinding as moot 276 Plaintiff's Motion for Protective Order. Signed by Magistrate Judge Brooke C. Wells on 09/29/2011. (tls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
ARLIN GEOPHYSICAL COMPANY &
LAURA OLSON,

Memorandum Decision and Order
Finding as Moot Plaintiff's Motion for
Protective Order

Plaintiffs,
v.

Case No. 2:08-cv-414 TS

UNITED STATES OF AMERICA,
Defendant.

District Judge Ted Stewart
Magistrate Judge Brooke Wells

Before the court is Plaintiff Laura Olson’s Motion for Protective Order. Ms. Olson seeks
an order from this court prohibiting the Government from taking her deposition. In response the
Government notes that it has cancelled Ms. Olson’s deposition so the motion is “technically
moot.” 1 The Government, however, intends to re-set Ms. Olson’s deposition for a later date and
therefore urges this court to address Ms. Olson’s motion.
Article III of the United States Constitution limits federal court jurisdiction to actual
cases or controversies. 2 The court therefore declines to rule on Ms. Olson’s motion because
there is no actual controversy at this time. Accordingly, Ms. Olson’s Motion for Protective
Order is deemed MOOT.
DATED this 29 September 2011.

Brooke C. Wells
United States Magistrate Judge
1

Op. p. 3.

2

U.S. Const. art. III, § 2, cl. 1.