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Natural Immunogenics Corp. v. Newport Trial Group

United States District Court, W.D. North Carolina, Asheville Division

April 19, 2018

NATURAL IMMUNOGENICS CORP., Plaintiff,
v.
NEWPORT TRIAL GROUP, SCOTT J. FERRELL, RYAN M. FERRELL, JAMES B. HARDIN, VICTORIA C. KNOWLES, ANDREW LEE BASLOW, ANDREW NILON, SAM PFLEG, MATTHEW DRONKERS, TAYLOR DEMULDER, SAM SCHOONOVER, GIOVANNI SANDOVAL, and DOES 1-10, Defendants.

          ORDER

          Dennis L. Howell United States Magistrate Judge

         Before the Court are the following motions:

(1) Motion to Compel (# 1) filed by Defendant Newport Trial Group (“NTG”);
(2) Motion to Transfer Venue (# 2) filed by Defendant NTG;
(3) Motion for Judicial Notice (# 4) filed by Defendant NTG;
(4) Motion to Intervene (# 14) filed by Plaintiff Natural Immunogenics Corp. (“NIC”);
(5) Motion to Dismiss (# 16) filed by Plaintiff NIC;
(6) Objections (# 19) filed by nonparty Carlos F. Negrete (“Negrete”);
(7) Motion to Strike (# 30) filed by Defendant NTG;
(8) Motion to Strike (# 34) filed by Defendant NTG; and
(9) Motion to Accept Negrete's Joinder (# 35) filed by Negrete.

         This case is rooted in litigation that is pending in federal court in California. Defendant NTG contends that, pursuant to Federal Rule of Civil Procedure 45, this Court has jurisdiction over its Motion to Compel because the place for compliance with the subpoenas was North Carolina. Mot. Compel (# 1) at 1. The subsequent motions all stem from Defendant NTG's Motion to Compel.

         The issues have been fully briefed, and the matter is now ripe for ruling. See (# 42, 45). There have been requests for a hearing on these matters. The Court concludes, however, that the issues raised have more than adequately been briefed, and a hearing would not aid in the decision-making process.

         I. Factual and ...


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