Nelson v. Millennium Laboratories, Inc., etal., No. 1:2013mc00022 - Document 91 (E.D. Cal. 2014)

Court Description: ORDER VACATING 85 Findings and Recommendations; ORDER DIRECTING Clerk to CLOSE CASE signed by Magistrate Judge Barbara A. McAuliffe on 6/16/2014. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 In Re Ryan Uehling Case No. 1: 13-mc-00022-LJO-BAM Kelly Nelson, ORDER VACATING FINDINGS AND RECOMMENDATIONS; 10 11 12 13 Plaintiff, ORDER DIRECTING CLERK TO CLOSE CASE Millennium Laboratories, Inc., et al., 14 Defendants. 15 Pending in the United States District Court for the District of Arizona as Case No. 2: 12-cv-01301-SLG 16 17 18 19 On May 29, 2014, this Court ordered Uehling to show cause as to why he should not be held 20 in contempt of court for his refusal to obey the Court’s June 27, 2013 Order. Doc. 85. This Court 21 also issued findings and recommendations that Uehling be found in contempt of Court. Id. 22 On June 13, 2014, Millennium submitted a response to the Court’s Order to show cause. 23 Doc. 87. In its response, Millennium moved to withdraw with prejudice its motion to hold Uehling 24 in contempt. Id. Millennium represents that certain claims in the underlying Nelson v. Millennium 25 action have been dismissed which have mooted the need for further deposition testimony from 26 Uehling. Id. Further, because Millennium’s contempt motion was the only remaining request for 27 judicial action in this matter, Millennium requests that this case be closed. 28 ORDER CONCLUSION 1 2 3 4 5 6 7 8 Having considered Millennium’s withdrawal of its motion for an order to show cause, this Court VACATES its Findings and Recommendations to hold Uehling in contempt of court. Further, as there are no outstanding matters in this case, the Court directs the Clerk to close this case. IT IS SO ORDERED. Dated: /s/ Barbara June 16, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER

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