Owings

ORDER

On November 23, 2009, 2009 WL 4510142 , this court granted defendants’ motion to compel compliance with a June 2, 2009 subpoena seeking plaintiffs military records, and ordered the California Army National Guard (the “Guard”) to produce documents responsive to that subpoena on or before December 7, 2009. Dckt. No. 12. On December 7, 2009, Andreas O. Garza, Lieutenant Colonel, Deputy Staff Judge Advocate, submitted to the undersigned what appears to be an- ex parte letter with attached documents that are purported to be responsive to the subpoena. The letter states:

The court construes the December 7, 2009 submission as a request for reconsideration of the November 23, 2009 order and denies that request.

The June 2, 2009 subpoena issued by this court commanded the Guard to produce and permit inspection on July 3, 2009 of “[a]ll military records of [plaintiff] from January 1, 2005 to date....” Dckt. No. 4. It was issued pursuant to a June 1, 2009 petition filed by defendants indicating that an action is currently pending in the United States District Court for the Southern District of California, case number 08-cv-1931 L NLS, in which plaintiff alleges that defendants…