Filed: Jun. 11, 2013
Latest Update: Jun. 11, 2013
Summary: ORDER GEORGE FOLEY, Jr., Magistrate Judge. This matter comes before the Court on non-party witness Kirk Lamping's Emergency Motion to Quash Subpoena (#595), filed on June 6, 2013. This Court gave the Parties until 12:00 PM, Tuesday, June 11, 2013 to file any responses to the Motion (#595). See June 6, 2013 Minute Order, Doc. #597. No Parties filed a timely response. Mr. Lamping seeks to quash the trial subpoena served upon him by Defendant Nassiri under Federal Rule of Civil Procedure 45.
Summary: ORDER GEORGE FOLEY, Jr., Magistrate Judge. This matter comes before the Court on non-party witness Kirk Lamping's Emergency Motion to Quash Subpoena (#595), filed on June 6, 2013. This Court gave the Parties until 12:00 PM, Tuesday, June 11, 2013 to file any responses to the Motion (#595). See June 6, 2013 Minute Order, Doc. #597. No Parties filed a timely response. Mr. Lamping seeks to quash the trial subpoena served upon him by Defendant Nassiri under Federal Rule of Civil Procedure 45. R..
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ORDER
GEORGE FOLEY, Jr., Magistrate Judge.
This matter comes before the Court on non-party witness Kirk Lamping's Emergency Motion to Quash Subpoena (#595), filed on June 6, 2013. This Court gave the Parties until 12:00 PM, Tuesday, June 11, 2013 to file any responses to the Motion (#595). See June 6, 2013 Minute Order, Doc. #597. No Parties filed a timely response.
Mr. Lamping seeks to quash the trial subpoena served upon him by Defendant Nassiri under Federal Rule of Civil Procedure 45. Rule 45(c)(3)(A)(ii) provides that a court must quash or modify a subpoena that "requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business[.]" Mr. Lamping is neither a party nor a party's officer in this action, and represents that he resides and works more than 100 miles from this District in Los Angeles, California. Furthermore, under Local Rule 7-2(d), the failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion. The time to oppose the instant Motion has expired, and no opposition has been filed. Accordingly,
IT IS HEREBY ORDERED that Kirk Lamping's Emergency Motion to Quash Subpoena (#595) is granted.
