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Bartley S. Backus v. Placer County

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 25, 2012

BARTLEY S. BACKUS, PLAINTIFF,
v.
PLACER COUNTY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Presently before the court are defendants' ex parte application for order shortening time to hear their motion to quash subpoenas, filed April 23, 2012, and defendants' motion to dismiss, filed April 5, 2012, and presently calendared for hearing on May 10, 2012.

Plaintiff issued subpoenas on two Placer County sheriff deputies to appear at the hearing on the motion to dismiss. As testimony is not necessary in determining the motion to dismiss, the subpoenas will be quashed.

Having also reviewed the motion, the court has determined that oral argument would not be of material assistance in determining the pending motion. Accordingly, the court will not entertain oral argument, and will determine the motion on the record, including the briefing in support of and in opposition to the pending motion. See E.D. Cal. L.R. 230(g).

Accordingly, IT IS ORDERED that:

1. Defendants' ex parte application for order shortening time to hear their motion to quash subpoenas, filed April 23, 2012, is denied as unnecessary.

2. The subpoenas issued by plaintiff on Andrew Baumback and Will Hafelfinger, (dkt. no. 10), are quashed.

3. The May 10, 2012 hearing on the motion to dismiss, filed April 5, 2012, is vacated; and

4. The motion is submitted on the record.

20120425

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