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Steinberg v. Wasielewski

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


April 9, 2010

DEBORAH STEINBERG, ET AL., PLAINTIFF,
v.
GREGORY WASIELEWSKI, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Patty Shwartz United States Magistrate Judge

ORDER

This matter having come before the Court by way of motion to enforce litigants rights as a result of an alleged failure of a nonparty to appear for a deposition;

and the Court having reviewed the submission;

and the submission reflecting that the subpoena for the nonparty's appearance was issued out of the Central District of California and that it required an appearance in Santa Monica, California;

and this Court lacking jurisdiction to enforce this subpoena as it was issued from another court for production in another district, see Doe I v. Pauliewalnuts, Civ. No. 5:08MC00001, 2008 WL 4326473, at *1 (W.D. Va. Sept. 19, 2008) (stating that "Rule 45(a)(2)(C) . . . commands that a subpoena for the production of documents alone 'must issue' from the "court for the district where the production is to be made . . ."; see also Wm T. Thompson, Co. v. General Nutrition, Corp., Inc., 671 F.2d 100 (3d Cir. 1982) (observing with approval that the party seeking enforcement of a subpoena obtained from another district moved to enforce it, "as that rule provides," in the district from which the subpoena was obtained);

It is therefore on this 9th day of April, 2010

ORDERED that the motion that this Court enforce litigant's rights [Docket No. 13] is denied. Any request for relief concerning this subpoena shall be filed with the District Court that issued the subpoena.

20100409

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