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Arunga v. American Civil Liberties Union Foundation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 16, 2009

JAMES AGGREY-KWEGGYIRR ARUNGA AND DOREEN H. LEE AND CONCERNED POSTERITY, PLAINTIFFS,
v.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION; ET AL. DEFENDANTS.

ORDER GRANTING A PROTECTIVE ORDER PROHIBITING PLAINTIFFS FROM SERVING, AND ENFORCING, SUBPOENA DUCES TECUM TO PARTIES AND NON-PARTIES DATE March 20, 2009 TIME: 10:00 a.m. COURTROOM: 27 MAGISTRATE JUDGE: Dale A. Drozd

The motion of defendant DIANE BALTER requesting a protective order prohibiting plaintiffs from serving, and enforcing, subpoena duces tecum to parties and third-parties is scheduled for hearing on March 20, 2009.

On February 24, 2009, plaintiffs' complaint was dismissed with leave to amend within thirty days thereafter and no amended complaint is yet on file. In that same order the court directed plaintiffs to arrange for service of their amended complaint upon counsel for the defendants who have appeared in the action without challenging the sufficiency of service of process and directed the Clerk of the Court not to issue any summons upon the filing of plaintiffs' amended complaint, pending further order of the court. The court also at that time ordered that plaintiffs not attempt service of the amended complaint on other parties until the court has directed the Clerk to issue summons and has ordered plaintiffs to effect service and directed defendants not to respond to plaintiffs' amended complaint until ordered to do so.

In light of that prior order and good cause appearing, IT IS HEREBY ORDERED that:

1. Defendant's motion for a protective order (Doc. No. 50) is taken under submission pursuant to Local Rule 78-230(h) and is dropped from the court's March 20, 2009, calendar;

2. Defendant's motion for a protective order (Doc. No. 50) is granted and plaintiffs shall refrain from serving any further subpoena duces tecum on parties or non-parties in conjunction with this case until further order of the court; and

3. The parties and non-parties are excused from compliance with those subpoena duces tecum which have been served in conjunction with this case to date.

20090316

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