Opinion
No. 02 Civ. 8613 (LAK).
March 18, 2005
ORDER
The Court yesterday was presented by plaintiffs with a proposed order to show cause which would seek an order quashing four "trial" subpoenas, dated March 11, 2005, served by defendants. Given the imminence of the trial, the Court conducted a telephone conference with counsel for both sides to resolve the matter without further delay or expense.
Having heard both sides, the subpoenas are hereby quashed. They are an improper attempt to use trial subpoenas to conduct pretrial discovery that could and should have been conducted during the discovery period. See, e.g., Integra Lifesciences I, Ltd. v. Merck KGaA, 190 F.R.D. 556, 561-62 (S.D. Cal. 1999).
SO ORDERED.