Opinion
Civil Action No. 99-2496 (GK).
September 6, 2004
ORDER #643
This matter is before the Court on the Motion to Intervene by John P. Rupp for the Limited Purpose of Opposing the United States' Motion for Order to Issue Subpoena Pursuant to 28 U.S.C. § 1783. Upon consideration of the Motion, the Opposition thereto, and the Reply, it is this 6th day of September, 2004:
ORDERED that the Motion shall be and hereby is denied. Mr. Rupp's interests can be fully evaluated in a motion to quash if and when a subpoena is issued and served.
The Court alerts the parties now that if such a motion to quash is filed, the conflict-of-interest issue raised by the Government in Footnote 1 of its Reply to the Motion for Order to Issue Subpoena Pursuant to 28 U.S.C. § 1783 must be addressed.