Opinion
Civil Action No. 08-cv-01288-RPM-KLM.
August 21, 2008
ORDER
This matter is before the Court on Plaintiffs' Motion to Compel Compliance with Subpoenas Served on Nonparties, Hallador Petroleum Company, Badger Exploration LLC and Konamoki Exploration LLC [Docket No. 1; Filed June 17, 2008] (the "Motion"). The Court has reviewed the Motion, Hallador Petroleum Company, Badger Exploration LLC and Konamoki Exploration LLC's (the "Non-Parties") Response [Docket No. 22; Filed July 31, 2008], Plaintiffs' Reply [Docket No. 28; Filed August 15, 2008], the entire case file and applicable case law and is sufficiently advised in the premises.
Plaintiffs request that this Court compel the Non-Parties to comply with subpoenas duces tecum served on them by Plaintiffs' counsel. Motion [#1] at 1. However, the Non-Parties state that they have reached an agreement with Plaintiff and that the Motion is therefore moot. Response [#22] at 1. The Court also notes that the Non-Parties have filed an unopposed Motion for Protective Order [Docket No. 23; Filed August 4, 2008], which has been granted by separate order of this Court. However, in their Reply, Plaintiffs argue that, in spite of the protective order, uncertainty remains as to whether the non-parties will actually produce the documents that Plaintiffs believe they are entitled to pursuant to the issued subpoenas. Reply [#28] at 2. As such, Plaintiffs request that the Motion to Compel be held in abeyance, rather than denied or dismissed.
IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel Compliance with Subpoenas Served on Nonparties, Hallador Petroleum Company, Badger Exploration LLC and Konamoki Exploration LLC [Docket No. 1; Filed June 17, 2008] is DENIED WITHOUT PREJUDICE. Plaintiffs' Reply establishes that there is no current controversy relating to the production of documents in response to the subpoenas. Should a dispute arise in the future, the parties may file appropriate motions.