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S.D.N.Y.Procedural orderFiled Apr. 10, 2020

Clausen v. Woodbolt Distribution, LLC

Judge
Lorna Schofield
Docket
1:19-cv-08837
Court
U.S. District Court · Southern District of New York
Pages
1
DiscoveryCivil Procedure
In one sentence

In Clausen v. Woodbolt, Judge Schofield ordered the plaintiffs and General Nutrition Corporation to discuss a subpoena dispute and report back.

Who this affects

The plaintiffs, Dale Clausen and the other named plaintiffs, and General Nutrition Corporation were required to meet and report to the court about the subpoena dispute. The order concerns the civil action against Woodbolt Distribution, LLC.

What happened

Clausen v. Woodbolt Distribution, LLC concerns a subpoena dispute arising during the plaintiffs’ civil case against Woodbolt. The court noted that fact discovery was scheduled to end June 23, 2020, and expert discovery August 8, 2020.

The plaintiffs had filed a motion to compel a third-party subpoena in a separate miscellaneous proceeding involving General Nutrition Corporation. The court ordered the plaintiffs and General Nutrition Corporation to meet and discuss the subpoena request by April 22, 2020, then file a joint letter describing their progress and any remaining disagreements.

Judge Schofield issued a discovery-management order; it did not decide the underlying claims or resolve the subpoena dispute. The joint letter was limited to six single-spaced pages.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Clausen v. Woodbolt Distribution, LLC · No. 1:19-cv-08837
Judge
Lorna Schofield
Date
Apr. 10, 2020

Background

The opinion references two proceedings involving Dale Clausen and other plaintiffs: a civil action against Woodbolt Distribution, LLC, docket number 19 Civ. 8837, and a miscellaneous proceeding concerning a motion to compel a third-party subpoena, docket number 20 Misc. 186. The court stated that the civil action had a case-management plan setting fact-discovery deadlines and expert-discovery deadlines.

The opinion states that the plaintiffs filed the civil action on September 23, 2019. It also states that the plaintiffs filed the motion to compel on March 27, 2020, in the Western District of Pennsylvania, and that the miscellaneous proceeding was transferred to the Southern District of New York on August 8, 2020.

Ruling

The court ordered the plaintiffs and General Nutrition Corporation to meet and discuss the plaintiffs’ subpoena request no later than April 22, 2020. It further ordered them to file a joint letter in the civil action on April 22, 2020, reporting on their efforts to resolve the discovery dispute and stating each side’s position if any disagreement remained. The letter could not exceed six single-spaced pages.

This was a discovery-management order. The opinion did not decide the merits of the plaintiffs’ claims or finally resolve the subpoena dispute.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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