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USA v. Edwards, CR 16-103-BLG-SPW-1. (2018)

Court: District Court, D. Montana Number: infdco20180124d24 Visitors: 12
Filed: Jan. 23, 2018
Latest Update: Jan. 23, 2018
Summary: ORDER SUSAN P. WATTERS , District Judge . Before the Court is Google LLC's Motion to Vacate Order and Motion to Quash Subpoena. (Doc. 248). Google moves to vacate this Court's order to show cause requiring Google to produce email messages and other records associated with two Google accounts and to quash the related subpoenas. (Doc. 249). Shortly after Google filed its motion, the government advised the Court that it had obtained a search warrant for the same materials requested in Edwards'
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ORDER

Before the Court is Google LLC's Motion to Vacate Order and Motion to Quash Subpoena. (Doc. 248). Google moves to vacate this Court's order to show cause requiring Google to produce email messages and other records associated with two Google accounts and to quash the related subpoenas. (Doc. 249). Shortly after Google filed its motion, the government advised the Court that it had obtained a search warrant for the same materials requested in Edwards' subpoena, (Doc. 251), and then advised the Court that Google had produced the responsive documents and that the government would produce the documents to Edwards as soon as possible. (Doc. 254). Google argues that because it produced the documents to the government pursuant to the search warrant, the dispute is moot. (Doc. 261).

After reviewing the government's search warrant, the Court agrees. The government's request for documents in the search warrant (for documents from March 2, 2016 to present) is broader than Edwards' request in his subpoena (from March 2, 2016 to October 1, 2016). (See Doc. 196-3 at 2; Doc. 261-3 at 4, 6). Therefore, any documents placed at issue by Edwards' subpoena have been captured by the search warrant and produced to Edwards. This information has been confirmed by counsel during the Court's status call on today's date.

Accordingly, IT IS HEREBY ORDERED that Edwards' subpoena duces tecum directed to Google LLC is QUASHED.

IT IS FURTHER ORDERED THAT Google's Motion to Vacate Order and Motion to Quash Subpoena (Doc. 248) is DENIED as moot, and this Court's order to show cause is VACATED.

Source:  Leagle

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