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Activision TV Inc. v. Carmike Cinemas Inc.

United States District Court, Tenth Circuit

January 2, 2014

ACTIVISION TV, INC., Plaintiff,
v.
CARMIKE CINEMAS, INC., Defendant.

ORDER

James P. O'Hara U.S. Magistrate Judge

Cinema Scene Marketing & Promotions, LLC (“Cinema Scene”) has filed a motion to quash a subpoena that plaintiff Activision TV, Inc. served on Cinema Scene (doc. 38). Cinema Scene argues that the subpoena is overly broad, seeks irrelevant documents, and does not allow a reasonable time to comply. Because plaintiff has not filed a response to the motion, it is granted as unopposed.

D. Kan. Rule 7.4(b) provides “[i]f a responsive brief or memorandum is not filed within the Rule 6.1(d) time requirements, the court will consider and decide the motion as an uncontested motion. Ordinarily, the court will grant the motion without further notice.” Cinema Scene filed the motion to quash on December 17, 2013. Under D. Kan. Rule 6.1(d)(1), any responses were required to be filed within 14 days, i.e., by December 31, 2013. No response has been filed. Thus, the court considers the motion unopposed. The motion is granted and Cinema Scene need not respond to the subpoena.

IT IS SO ORDERED


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