Del Campo et al v. American Corrective Counseling Services et al

Filing 57

MEMORANDUM DECISION and Order Denying without Prejudice Motions and Administratively Closing Case- denying without prejudice 25 Motion to Compel; denying without prejudice 29 Motion for Extension of Time; denying without prejudic e 1 Motion to Stay; denying without prejudice 2 Motion for Order to Show Cause.; denying without prejudice 8 Motion for Protective Order and Orders that this case be Administratively Closed. If necessary the parties may reopen this case upon motion to Court and then renew any pertinent motions. Signed by Magistrate Judge Brooke C. Wells on 9/6/12. (jmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
ELENA ML. DEL CAMPO, LOIS ARTZ, and
CHARLES SCHWAB & ASSOC.,,
Plaintiffs,

MEMORANDUM DECISION AND ORDER
DENYING WITHOUT PREJUDICE
MOTIONS AND ADMINISTRATIVELY
CLOSING CASE

v.
AMERICAN CORRECTIVE COUNSELING
SERVICES, DON R. MEALING and BRUCE
D. RAYE,,
Defendants.

Case No. 2:11-mc-744 CW BCW
District Judge Clark Waddoups
Magistrate Judge Brooke Wells

This is a miscellaneous action for the enforcement of a subpoena issued out of this Court.
The subpoena sought fact discovery related to a matter pending in the United States District
Court for the Northern District of California. 1 This case was originally referred to Magistrate
Judge Samuel Alba pursuant to 28 U.S.C. 636(b)(1)(A). Following Judge Alba’s retirement, the
case was then reassigned to the undersigned pursuant to the same referral.
On August 3, 2012, the Court issued an Order to Show Cause directing the parties to
provide an update on the status of the case and intentions to proceed. 2 As noted by the parties in
their responses, 3 the deadline to conduct discovery in the underlying case in California expired
on December 12, 2011. In addition, the Plaintiffs moved for a stay in the underlying action that
has been granted. Therefore, any proceedings in this Court would likely violate the current stay
order in the underlying action.

1

That case is captioned as Elena del Campo, et al. v. American Corrective Counseling Services, Inc., et al., No.
C01-21151 JW.
2

Docket no. 48.

3

Docket nos. 53, 54, 55 and 56. These include a response from non-party movant Mary Mealing.

Accordingly, based upon the parties’ representations and the current status of the
underlying case in California, the Court DENIES WITHOUT PREJUDICE the pending motions 4
and ORDERS that this case be ADMINISTRATIVELY CLOSED. If necessary the parties may
reopen this case upon motion to Court and then renew any pertinent motions.

DATED this 6 September 2012.

Brooke C. Wells
United States Magistrate Judge

4

Docket nos. 1, 2, 8, 25 and 29.

2