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DATAQUILL LIMITED v. KYOCERA WIRELESS CORPORATION

United States District Court, S.D. California


September 15, 2005.

DATAQUILL LIMITED, Plaintiff,
v.
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.

20050915

© 1992-2005 VersusLaw Inc.



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