IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 6, 2012
RONALD J. LUCERO, PLAINTIFF,
STEPHEN MAYBERG, ET AL., DEFENDANTS. RONALD J. LUCERO, PLAINTIFF,
GARY STANTON, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Allison Claire United States Magistrate Judge
On November 8, 2012, in Lucero v. Stanton, No. 2:12-cv-0146 CKD P, plaintiff filed a motion to quash defendants' subpoena to Atascadero State Hospital (ASH) to produce plaintiff's medical and mental health files. By order filed on November 9, 2012, Lucero v. Stanton, No. 2:12-cv-0146 CKD P, was related to Lucero v. Mayberg, No. 2:10-cv-2132 LKK GGH P, and Lucero v. Stanton was henceforth to be identified as Case No. 2:12-cv-0146 LKK GGH P. Thereafter, on November 19, 2012 and November 20, 2012, both of these related cases were re-assigned from Magistrate Judge Hollows to Magistrate Judge Claire. Previously set discovery deadlines were vacated, and the related cases were ordered to a settlement conference. On November 26, 2012, in their opposition to plaintiff's motion to quash the third-party subpoena, counsel for defendants Stanton et al. advised the court that the subpoena at issue has been withdrawn in light of these developments. Hence, plaintiff's motion has been rendered moot.
Accordingly, IT IS ORDERED that plaintiff's November 8, 2012 motion to quash defendants' subpoena for plaintiff's medical records in Case No. 2:12-cv-0146 (Doc. No. 13) is DENIED as moot.
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