IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 24, 2010
SANTIAGO IBARRA RIVERA, INDIVIDUALLY AND AS CLASS REPRESENTATIVE, PLAINTIFF,
COUNTY OF LOS ANGELES, ET AL., DEFENDANTS.
This miscellaneous case arises from an action proceeding in the United States District Court for the Central District of California. On September 23, 2010, counsel on behalf of plaintiff applied ex parte for an order commanding Dennis Cross, a non-party witness who resides in Sacramento County, to appear pursuant to subpoena for a deposition on September 27, 2010. On September 24, 2010, non-party Dennis Cross, through counsel, filed an unnoticed motion to quash the subpoena. The undersigned is unable to find that plaintiff will suffer harm by complying with this court's 21-day notice requirement for motions dealing with discovery matters. See Local Rule 251(a). The undersigned therefore finds that plaintiff has failed to demonstrate good cause to consider his application either ex parte or on shortened notice.
Accordingly, IT IS ORDERED that:
1. Plaintiff's September 23, 2010 Ex Parte Application to Enforce Deposition Subpoena (Doc. No. 1) is denied;
2. Non-party Dennis Cross's September 24, 2010 Motion to Quash (Doc. No. 3) shall be noticed for hearing before the undersigned pursuant to Local Rule 251. Movant may contact Pete Buzo, courtroom deputy to the undersigned, at (916) 930-4128, concerning available hearing dates. Movant shall then file and serve a notice of motion setting the motion to quash for hearing on an appropriate date. Any party may appear at the hearing telephonically by contacting Pete Buzo no later than three days before the noticed hearing date. A land-line telephone number must be provided for telephonic appearance; and
3. Plaintiff's counsel shall serve a copy of this order and copies of any notices of motion filed in this case upon counsel for defendants in the underlying action.
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