Opinion
2:21-mc-00171-WBS-JDP
09-01-2021
HOWARD APPEL, Plaintiff, v. ROBERT S. WOLF, Defendant.
ORDER DIRECTING TRANSFER
JEREMY D. PETERSON, UNITED STATES MAGISTRATE JUDGE
Howard Appel brought a defamation action against Robert Wolf in the Southern District of California. Here, Appel moves to quash a subpoena issued to Millennium Health LLC-a non-party located in San Diego-that requires compliance in Sacramento. Millennium Health has not filed any objection to the subpoena in this court. The subpoena on its face does not appear to comply with the Rule 45 location requirement. Fed.R.Civ.P. 45(c). Further, since Millennium Health has not asserted rights in this court, the only issue at stake in this motion is the proper scope of discovery in the Southern District of California. Thus, there are also exceptional circumstances to justify the transfer of this motion. Fed.R.Civ.P. 45(f).
Accordingly, the Clerk of Court is directed to transfer this matter to the Southern District of California.
IT IS SO ORDERED.