H-E-B, LP v. Olympia Tools International, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 H-E-B, LP, Case No.: 21-cv-0832-GPC-WVG
Plaintiff,
ORDER REMANDING THE CASE
v. [ECF Nos. 15, 18] OLYMPIA TOOLS INTERNATIONAL,
INC.,
15 Defendant. 16 Before this Court is Plaintiff’s Objection to Magistrate Judge William V. Gallo’s May 28, 2021 Order which denied Plaintiff’s Motion to Compel Compliance with Subpoena (“Subpoena Motion”). ECF No. 15. Upon considering the moving documents and the case record, the Court VACATES the Magistrate Judge’s Order and REMANDS the case to the Magistrate Judge for further proceedings. BACKGROUND Plaintiff filed the Subpoena Motion on April 28, 2021, arising from a lawsuit in the United States District Court for the Western District of Texas. Federal Rule of Civil Procedure (“Rule”) 45(c)(2)(A) requires the place of compliance for a subpoena commanding production of documents to be “within 100 miles of where the person 27 resides, is employed, or regularly transacts…