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Mercexchange LLC v. eBay, Inc et al Doc.

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Case 3:07-mc-00038-JBA Document 19 Filed 02/26/2007 Page 1 of 2

UNITED STATES DISTRICT COURT


DISTRICT OF CONNECTICUT

MercExchange, LLC, :
Plaintiff, :
:
v. : Case No. 3:07mc38 (JBA)
:
eBay, Inc. and Half.Com, Inc.,:
Defendants. :

ORDER VACATING RULING ON DEFENDANTS’ MOTION TO COMPEL

This action was commenced in the context of a discovery

dispute to compel compliance by non-party Kenneth Nahan with a

subpoena duces tecum issued by defendant eBay, Inc. in connection

with a limited supplemental discovery period ordered by Judge

Jerome B. Friedman in the Eastern District of Virginia where this

case is being litigated. See MercExchange, L.L.C. v. eBay, Inc.,

No. 01cv736, 2006 WL 3780606 (E.D. Va. Dec. 18, 2006). The Court

previously having issued a Ruling on Defendants’ Motion to Compel

[Doc. # 6], and Mr. Nahan having filed a Motion for

Reconsideration [Doc. # 13] thereof, pursuant to Judge Friedman’s

order that “[i]n the event that discovery disputes arise, the

parties must contact Magistrate Judge James Bradberry no later

than February 6, 2007, to determine an expedited discovery

dispute procedure,” 2006 WL 3780606, at *7, the Court hereby

GRANTS Nahan’s Motion for Reconsideration [Doc. # 13], VACATES

its Ruling on Defendants’ Motion to Compel [Doc. # 6], and DENIES

eBay’s Motion to Compel [Doc. # 1] without prejudice. Pursuant

Dockets.Justia.com
Case 3:07-mc-00038-JBA Document 19 Filed 02/26/2007 Page 2 of 2

to Judge Friedman’s direction and in the interests of efficiency

and uniformity, the parties are directed to pursue this matter

before Magistrate Judge Bradberry who is charged with resolving

such disputes.

IT IS SO ORDERED.

/s/
Janet Bond Arterton
United States District Judge

Dated at New Haven, Connecticut this 23rd day of February, 2007.

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