United States District Court, S.D. California
September 15, 2005.
DATAQUILL LIMITED, Plaintiff,
KYOCERA WIRELESS CORPORATION, Defendant.
The opinion of the court was delivered by: BARBARA MAJOR, Magistrate Judge
ORDER (1) DIRECTING CLERK OF COURT TO STRIKE DOCKET NUMBERS
185-191 FROM THE RECORD AND (2) TAKING DEFENDANT'S MOTIONS TO
QUASH [Doc. Nos. 178, 181] UNDER SUBMISSION
Due to conflicting directions to counsel from the district
judge and magistrate judge's chambers, two copies of Defendant's
motions to quash subpoena were filed. Accordingly, the Court
directs the clerk of court to strike one copy of each docket
numbers 185-191 from the record.
The Declaration of Donald Timms in Support of Kyocera's Motion
for a Protective Order and/or an Order Quashing Dataquill's Trial
Subpoena to Tsuyoshi Mano [Doc. No. 192] was not docketed with
the first batch of documents but appears to have been submitted
together with them on September 1, 2005. Accordingly, the Court
directs the clerk of court to leave this document on the docket,
but change the file date so that it is dated nunc pro tunc to
September 1, 2005. For purposes of clarification, Kyocera's motions were filed
nunc pro tunc to September 1, 2005 the date they were
originally submitted for filing. See Doc. Nos. 178-183. The
motions are scheduled to be heard by Magistrate Judge Major on
October 14, 2005 at 9:00 a.m. However, pursuant to Civil Local
Rule 7.1(d)(1), the Court finds these motions appropriate for
decision on the papers without oral argument. Accordingly, the
matters will be under submission upon completion of the briefing,
and no appearances are required on October 14, 2005.
IT IS SO ORDERED.
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