Doe

ORDER GRANTING DEFENDANT’S MOTION TO QUASH SUBPOENA; DENYING MOTION TO STRIKE OBJECTION; VACATING HEARING

Before the Court is plaintiff Highfields Capital Management L.P.’s objection to and motion for de novo review of Magistrate Judge Wayne D. Brazil’s Report and Recommendation (“Report”), filed October 28, 2004, in which Magistrate Judge Brazil recommends that the Court grant defendant John Doe’s motion, filed pursuant to Rule 45(c)(3)(A) of the Federal Rules of Civil Procedure, to quash the subpoena plaintiff served on non-party Yahoo!. Defendant has filed opposition to plaintiffs objection, and included therein a motion to strike the objection on grounds of untimeliness, to which plaintiff has filed a reply.

Having considered the Report, the papers filed in support of and in opposition to the objection and motion for de novo review, and the papers filed in support of and in opposition to defendant’s motion to quash, the Court deems the matter suitable for decision on the papers, VACATES the hearing scheduled for January 21, 2005, and rules as follows:

1. The deadline to file an objection to the Report is ten court days after October 28, 2004, the date of service of the…