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UNITED STATES DISTRICT COURTDISTRICT OF MINNESOTA
IN RE SUBPOENA TOBRIGGS AND MORGAN, P.A.Loparex LLC,Plaintiff,v.MPI Release, LLC, Gerald Kerber, andStephan Odders,Defendants.Court File No. 10-MC-2 (MJD/SRN)
LOPAREX’S MEMORANDUM INOPPOSITION TO MPI’SEMERGENCY MOTION TOENFORCE SUBPOENAINTRODUCTION
More circus. That’s what MPI’s “Emergency” Motion to Enforce Subpoena is.There is no emergency. And MPI’s only reason for serving the subpoena is because itfailed to comply with the Southern District of Indiana Court’s scheduling order in theIndiana case and properly obtain its discovery in that litigation.Loparex, LLC (“Loparex”) and MPI Release Technologies, LLC, Gerald Kerber,and Stephan Odders (collectively, “MPI”) are currently parties to litigation in theSouthern District of Indiana,
Loparex, LLC vs. MPI Release, LLC, et al.
, Case No. 1:09-cv-1411 (“the Indiana case”). MPI served a third-party subpoena on the Minneapolis lawfirm Briggs & Morgan, requesting a disc of over 11,000 pages of electronic documents produced by Loparex in
Hanson v. Loparex Inc. et al.
, Case No. 09-cv-1070 (D. Minn.)(“the Minnesota case”), a case before this Court to which MPI is not a party. Of the11,000 pages of documents produced by Loparex in the Hanson case, Loparex has
Case 0:10-mc-00002-MJD-SRN Document 12 Filed 01/15/10 Page 1 of 22