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Pharmacy Providers of Oklahoma, Inc v. Q Pharmacy

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


March 26, 2013

PHARMACY PROVIDERS OF OKLAHOMA, INC., PLAINTIFF,
v.
Q PHARMACY, INC., ET AL. DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Presently pending before the court is defendant Q Pharmacy, Inc.'s ("Q Pharmacy") motion to quash plaintiff Pharmacy Providers of Oklahoma, Inc.'s ("plaintiff") third-party subpoena on McKesson Corporation, filed in this court on March 25, 2013. (Dkt. No. 1.) The motion has not been noticed for any specific hearing date. According to Q Pharmacy, the subpoena at issue arises from plaintiff's lawsuit against Q Pharmacy and other defendants in the Western District of Oklahoma, where motions to dismiss, and a motion to stay discovery pending resolution of the motions to dismiss and the conduct of a Rule 26(f) conference, remain pending.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff shall file any opposition to Q Pharmacy's motion to quash no later than March 29, 2013, at 12:00 p.m. In the alternative, the parties may file a stipulation to stay production by McKesson in response to the subpoena pending a ruling on the motion to stay discovery in the Western District of Oklahoma.

2. After reviewing the parties' briefing, the court will set the motion for a hearing if necessary.

3. The parties shall promptly notify the court if the motion to quash is mooted by any proceedings in the Western District of Oklahoma.

IT IS SO ORDERED.

20130326

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