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Case 5:07-cv-02214-JF Document 22 Filed 11/02/2007 Page 1 of 3
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1 Having considered the briefs filed in support of, and in opposition, to Non-Party Wendy
2 Howell’s motion to quash subpoenas issued to several non-parties Bank of Alameda,
3 Washington Mutual, Wells Fargo & Co., Western Sunrise Mortgage, California State University,
4 Stanford University and her former employer (referred to herein as the “Investment Management
5 Company”), as well as the arguments of counsel, the Court has determined that the subpoenas
6 require disclosure of Ms. Howell’s personal and private records, seek information irrelevant to
7 the dispute and are overbroad. IT IS HEREBY ORDERED THAT the motion to quash the
8 subpoenas served on these non-parties is GRANTED pursuant to Federal Rules of Civil
9 Procedure 45(c)(1) and (3). The subpoenaed entities are hereby ORDERED not to produce any
10 documents to Defendant Heinen or the SEC. All documents, copies of documents, and
11 information derived from these documents received ahead of time by Defendant Heinen or the
12 SEC in response to these subpoenas must be destroyed, and counsel shall file a certification
13 within 10 days of this order with the Court of having done so.
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15 Dated: _____________
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17 ____________________________________
18 Hon. Howard R. Lloyd
UNITED STATES MAGISTRATE JUDGE
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[PROPOSED] ORDER GRANTING NON-PARTY
SFCA_487445.1 WENDY HOWELL’S MOTION TO QUASH
Case 5:07-cv-02214-JF Document 22 Filed 11/02/2007 Page 3 of 3
1 CERTIFICATION
2 I, Erin Holland, am the ECF User whose identification and password are being used to
3 file this [Proposed] Order Granting Non-Party Wendy Howell’s Motion To Quash. In
4 compliance with General Order 45.X.B., I hereby attest that Pamela L. Johnston has concurred in
5 this filing.
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By: s/ Erin J. Holland ______________________
10 ERIN J. HOLLAND
11 ATTORNEYS FOR NON-PARTY,
WENDY HOWELL
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[PROPOSED] ORDER GRANTING NON-PARTY
SFCA_487445.1 WENDY HOWELL’S MOTION TO QUASH