Zoobuh v. Better Broadcasting et al

Filing 91

MEMORANDUM DECISION AND ORDER finding as moot 77 Motion to Compel compliance with subpoena. Signed by Magistrate Judge Brooke C. Wells on 7/5/2017. (jds)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
ZooBuh, Inc., a Utah corporation,

MEMORANDUM DECISION AND ORDER
DEEMING MOTION MOOT

Plaintiff,
v.
Case No. 2:11-cv-00516 DN
Better Broadcasting, LLC, a Utah limited
liability company; IONO Interactive, a
company doing business in Utah; Does
1-40,

District Judge David Nuffer
Magistrate Judge Brooke Wells

Defendants.

Previously the court entered an order granting Plaintiff Zoobuh, Inc.’s (Zoobuh) motion
to compel compliance with subpoena to the Bank of Utah. 1 In that same order the court took
under advisement Zoobuh’s motion to compel compliance with the subpoena to MSupport. To
help resolve that motion MSupport was ordered to “search for documents that are responsive and
provide to the court and Zoobuh an accounting of the material that is responsive” 2 and if
necessary, to “file a detailed privilege log.” 3 Both MSupport and Zoobuh were ordered to “meet
and confer regarding the responsive materials” and then “notify the court” about their dispute.
On June 19, 2017 MSupport filed a status report about the pending motion. 4 MSupport
states:
On May 25, 2017, MSupport, through counsel provided information to Zoobuh,
Inc., that it has conducted a search for relevant documents relating to the requests
issued to it to determine what documents, if any, might be responsive. . . .
MSupport reported to Zoobuh that it was unable to locate any documents during
1

Memorandum Decision and Order dated April 24, 2017, docket no. 88.

2

Id. p. 8.

3

Id.

4

Docket no. 90.

the time frame (or from any other time frame) referenced by the Court concerning
the only defendants in the matter, which included Better Broadcasting, Expression
Media, and IONO. Likewise, MSupport reported that after an extensive search of
the existing records, it was unable to locate documents that reference or refer to
Winterton Properties for the time frame that was modified by the court in its order
of April 24, 2017. However, MSupport did find some brief notations to Veracity
accounts correlating to documents likely obtained by Zoobuh from the Bank of
Utah, and those records were subsequently produced to Zoobuh. 5
Based upon this report and the fact that there has been no additional response by Zoobuh
filed with the court, 6 it appears the motion has now been resolved.
Accordingly, the court deems Zoobuh’s Motion to Compel Compliance with Subpoena to
MSupport MOOT.
IT IS SO ORDERED.

DATED this 5 July 2017.

Brooke C. Wells
United States Magistrate Judge

5

Status Report p. 1-2, docket no. 90.

6

The parties were ordered to “meet and confer” concerning the motion and the materials provided and then notify
the court. The court presumes that Zoobuh is in agreement with the status report because it has not filed anything
additional with the court since the status report was filed on June 19th.

2