Filed: Aug. 12, 2014
Latest Update: Aug. 12, 2014
Summary: ORDER STEPHAN P. VIDMAR, Magistrate Judge. THIS MATTER is before me on Plaintiff's Motion to Compel Production of Documents [Doc. 1], filed on July 9, 2014. The presiding judge, the Honorable Judith C. Herrera, United States District Judge, referred the matter to me on August 11, 2014. [Doc. 12]. This case originates from the Southern District of Florida, case number 13-cv-21697-JAL. [Doc. 1] at 1; [Doc. 8]. As part of the underlying Florida case, Plaintiff issued a subpoena for the producti
Summary: ORDER STEPHAN P. VIDMAR, Magistrate Judge. THIS MATTER is before me on Plaintiff's Motion to Compel Production of Documents [Doc. 1], filed on July 9, 2014. The presiding judge, the Honorable Judith C. Herrera, United States District Judge, referred the matter to me on August 11, 2014. [Doc. 12]. This case originates from the Southern District of Florida, case number 13-cv-21697-JAL. [Doc. 1] at 1; [Doc. 8]. As part of the underlying Florida case, Plaintiff issued a subpoena for the productio..
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ORDER
STEPHAN P. VIDMAR, Magistrate Judge.
THIS MATTER is before me on Plaintiff's Motion to Compel Production of Documents [Doc. 1], filed on July 9, 2014. The presiding judge, the Honorable Judith C. Herrera, United States District Judge, referred the matter to me on August 11, 2014. [Doc. 12].
This case originates from the Southern District of Florida, case number 13-cv-21697-JAL. [Doc. 1] at 1; [Doc. 8]. As part of the underlying Florida case, Plaintiff issued a subpoena for the production of documents and a deposition from non-parties David Walker and Walker Textile Conservation (collectively, "Walker") on April 2, 2014. [Doc. 1-1] at 1-5. On June 20, 2014, Walker objected to the subpoena. [Doc. 1-2] at 1-6. After the parties were unable to resolve the objections, the instant Motion to Compel was filed in this Court. See [Doc. 1] at 1-2. Walker responded to the Motion on July 23, 2014, [Doc. 6], and Plaintiff replied on August 5, 2014, [Doc. 9]. Counsel for Plaintiff and Walker have requested a hearing on the Motion [Doc. 11] at 2. Counsel have also jointly moved for leave to permit out-of-state counsel to appear by telephone, if a hearing is scheduled. [Doc. 10]. I will grant both requests and set a telephonic hearing on the Motion to Compel [Doc. 1] for August 22, 2014, at 10:30 a.m. MDT.
Finally, on August 8, 2014, Walker moved to strike portions of Plaintiff's reply as unsupported by affidavit and as including impermissible new factual allegations. [Doc. 11]. Walker explained that, in the event the Court ruled on the Motion to Compel without a hearing, he requested that certain portions of the reply be struck. Id. However, if the Court set a hearing, he indicated that he would be satisfied to address the new arguments at the hearing. Id. Because I will hold a hearing on the Motion to Compel, I will deny Walker's Motion to Strike [Doc. 11] as moot.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECRRED that a telephonic hearing on Plaintiff's Motion to Compel the Production of Documents [Doc. 1] is set for August 22, 2014, at 10:30 a.m. MDT. To participate, all counsel intending to appear shall call my teleconference line at (215) 446-3656, using code 4382538.
IT IS FURTHER ORDERED that the Joint Motion by Counsel . . . to Appear by Telephone [Doc. 10] is GRANTED.
IT IS FURTHER ORDERED that Non-Parties David Walker and Walker Textile Conservation's Motion to Strike Unsupported and New Allegations in the Government's Reply [Doc. 11] is DENIED as moot.
IT IS SO ORDERED.
