Jones et al v. USA
| Debra Jones and Arden C. Post |
| USA |
| Keith Campbell and Vance Norton |
| 2:2022mc00683 |
| October 25, 2022 |
| US District Court for the District of Utah |
| David Barlow |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.
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Filing 12
DOCKET TEXT ORDER dismissing #2 Motion to Expedite; dismissing #2 Motion to Quash Subpoenas without prejudice for lack of subject matter jurisdiction. Because the subpoenas were issued by the United States Court of Federal Claims, this court lacks subject matter jurisdiction over a motion to quash the subpoenas. The Court of Federal Claims is a court of nationwide jurisdiction. See 28 U.S.C. 2505. Rule 45 the Rules of the United States Court of Federal Claims governs subpoenas issued in cases pending before that court, and it provides "[o]n timely motion, the court must quash or modify a subpoena" under enumerated circumstances. RCFC 45(d)(3)(A). By contrast, Rule 45 of the Federal Rules of Civil Procedure states "[o]n timely motion, the court for the district where compliance is required must quash or modify a subpoena" under enumerated circumstances. Fed. R. Civ. P. 45(d)(3)(A) (emphasis added). The Court of Federal Claims rules contain no such language permitting the court for the district where compliance is required to quash or modify a subpoena issued by the Court of Federal Claims. Accordingly, a motion to quash a subpoena issued by the Court of Federal Claims must be filed in that court. For these reasons, the motion to quash is dismissed without prejudice for lack of jurisdiction. The clerk is directed to close the case. Signed by Magistrate Judge Daphne A. Oberg on 10/28/2022. No attached document. (med)
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| Filing 11 RESPONSE to Motion re #2 MOTION to Expedite hearing/decision MOTION to Quash Subpoena filed by Plaintiffs Debra Jones, Arden C. Post. (Stieff, J.) |
| Civil Case Terminated per 12 Docket Text Order. Magistrate Judge Daphne A. Oberg no longer assigned to case. Case Closed. (mh) |
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Filing 10
ORDER Setting Zoom Hearing on Motion #2 MOTION to Expedite hearing/decision MOTION to Quash Subpoena : Motion Hearing set for 10/28/2022 at 11:00 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Magistrate Judge Daphne A. Oberg. Zoom information will be emailed to counsel and available on Judge Oberg's calendar the hearing. Signed by Magistrate Judge Daphne A. Oberg on 10/27/2022. (lam)
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Filing 9
ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Baron C. Bartel for Debra Jones,Baron C. Bartel for Arden C. Post.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge David Barlow on 10/27/2022. (mh)
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Filing 8
ORDER REFERRING MOTION #2 MOTION to Expedite hearing/decision MOTION to Quash Subpoena. Motion referred to Daphne A. Oberg. Signed by Judge David Barlow on 10/27/22. (skw)
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 10/27/22. (skw)
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| Filing 6 MOTION for Admission Pro Hac Vice of Baron "Barry" C. Bartel , Registration fee $ 250, receipt number AUTDC-4487894,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Debra Jones, Arden C. Post. (Attachments: #1 Exhibit A - Application for Pro Hac Vice of Baron "Barry" C. Bartel, #2 Text of Proposed Order Granting Pro Hac Vice Admission of Baron "Barry" C. Bartel)(Stieff, J.) |
| Filing 5 NOTICE of Appearance by J. Preston Stieff on behalf of Debra Jones, Arden C. Post (Stieff, J.) |
| Filing 4 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Jeffrey Scott Thomas and Christopher Hair, for Defendant USA. (nl) |
| Filing 3 EXHIBITS- US Court of Federal Claims Docket Sheet 1:13-cv-227-RAH re #2 MOTION to Expedite hearing/decision MOTION to Quash Subpoena . (mh) |
| Filing 2 MOTION to Expedite hearing/decision , MOTION to Quash Subpoena filed by Petitioners Keith Campbell, Vance Norton. (Attachments: #1 Exhibit A - Campbell Declaration, #2 Exhibit B - Norton Declaration)(Trentadue, Jesse) |
| Filing 1 Case has been indexed and assigned to Judge David Barlow. Petitioners Keith Campbell, Vance Norton are directed to E-File the Miscellanous Case Filing Fee (found under Other Documents) and pay the filing fee of $ 49 by the end of the business day. Once the filing fee event is completed the initiating document (Motion to Quash and cover sheet ) may be E-filed.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (mh) |
| Miscellaneous Case Filing Fee for Motion to Quash Subpoena received from Petitioners Keith Campbell, Vance Norton. (Filing fee $ 49, receipt number AUTDC-4486387). (Trentadue, Jesse) |
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