Opinion
2407-19 8508-20
02-06-2023
ORDER
David Gustafson Judge
Six motions to enforce subpoenas that petitioner filed in these two consolidated cases remain pending. (Using the document numbers from the docket record in No. 8508-20, the motions appear as Docs. 41-43, 45, 47-48). To each of the subpoenaed third parties we issued an Order to Show Cause (see Docs. 57-62), requiring responses to be filed by January 9, 2023.
Only one of the third parties--the Town of Kearney--has filed a response (Doc. 63). If the motion as to that third party is now moot, then presumably we should deny the motion (Doc. 48) as moot and should discharge our Order to Show Cause (Doc. 62). It is
ORDERED that, no later than February 21, 2023, petitioner shall file in the consolidated cases a single status report in which he shall identify any motions to enforce subpoena that should be denied as moot and any orders to show cause that should be discharged, and shall recommend a routine and schedule for further proceedings, stating whether the Commissioner objects to his recommendation.