MARTIN v. CITY OF VALLEJO, 2:14-cv-0554 DAD PS. (2015)
Court: District Court, E.D. California
Number: infdco20150812816
Visitors: 7
Filed: Aug. 10, 2015
Latest Update: Aug. 10, 2015
Summary: ORDER DALE A. DROZD , Magistrate Judge . On August 6, 2015, defendants filed an ex parte application for an order shortening time for hearing of defendants' motion to quash a subpoena. (Dkt. No. 68.) Therein, defendants assert that defense counsel received a subpoena from plaintiff's assistant requiring the appearance of Vallejo Police Department Captain Lee Horton at the August 14, 2015 scheduled hearing on plaintiff's motion to compel. Defendants seek an order shortening time to hear defe
Summary: ORDER DALE A. DROZD , Magistrate Judge . On August 6, 2015, defendants filed an ex parte application for an order shortening time for hearing of defendants' motion to quash a subpoena. (Dkt. No. 68.) Therein, defendants assert that defense counsel received a subpoena from plaintiff's assistant requiring the appearance of Vallejo Police Department Captain Lee Horton at the August 14, 2015 scheduled hearing on plaintiff's motion to compel. Defendants seek an order shortening time to hear defen..
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ORDER
DALE A. DROZD, Magistrate Judge.
On August 6, 2015, defendants filed an ex parte application for an order shortening time for hearing of defendants' motion to quash a subpoena. (Dkt. No. 68.) Therein, defendants assert that defense counsel received a subpoena from plaintiff's assistant requiring the appearance of Vallejo Police Department Captain Lee Horton at the August 14, 2015 scheduled hearing on plaintiff's motion to compel. Defendants seek an order shortening time to hear defendants' motion to quash that subpoena prior to the August 14, 2015 hearing of plaintiff's motion to compel. Plaintiff has filed an opposition to defendants' motion. (Dkt. No. 70.)
The undersigned has reviewed the parties' papers submitted in connection with the motion to quash the subpoena in question and does not require oral argument on that issue. In short, the court does not intend to hear witness testimony at the August 14, 2015 hearing of plaintiff's motion to compel. In the unlikely event that, after considering the parties' briefing and oral arguments on the motion to compel, the court determines that the taking of testimony would be helpful in resolving that motion, the court will reconsider whether requiring Captain Horton's appearance at a later evidentiary hearing would be appropriate.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendants' August 6, 2015 motions for an order shortening time and to quash subpoena (Dkt. No. 68) is granted; and
2. Vallejo Police Department Captain Lee Horton need not appear at the August 14, 2015 hearing of plaintiff's motion to compel.
Source: Leagle
