Opinion
No. CIV S-06-1339 MCE GGH P.
October 10, 2008
ORDER
On October 2, 2008, defendants filed a motion to compel the Department of Justice to respond to a subpoena duces tecum. This motion was not served on the Department of Justice nor set for a hearing before the undersigned in accordance with the local rules.
Accordingly, IT IS HEREBY ORDERED that defendants' October 2, 2008, motion to compel (# 24) is vacated without prejudice to it being served on the Department of Justice and properly noticed for hearing; plaintiff may file an opposition to the re-filed motion within twenty days of it being filed.