Free Order Referring Motion - District Court of California - California

Case 3:08-cv-00055-WQH-NLS

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Filed 01/17/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

NATIONAL LABOR RELATIONS BOARD, Applicant, vs. BCI COCA-COLA BOTTLING COMPANY, Respondent. HAYES, Judge:

CASE NO. 08cv55 WQH (NLS) ORDER REFERRING APPLICATION FOR AN ORDER REQUIRING COMPLIANCE WITH ADMINISTRATIVE SUBPOENA DUCES TECUM TO MAGISTRATE JUDGE FOR DETERMINATION

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On January 10, 2008, Applicant National Labor Relations Board ("NLRB") initiated these proceedings with an Application for Order Requiring Compliance with Administrative Subpoena Duces Tecum. (Doc. # 1). The NLRB contends that district courts receive their power to order enforcement of subpoenas issued by the NLRB by virtue of 29 U.S.C. § 161(2). The Court has determined that these matters are appropriate for determination by the magistrate judge pursuant to 28 U.S.C. § 636(b) and Rule 72(a) of the Federal Rules of Civil Procedure. See also NLRB v. Cable Car Advertisers, Inc., 319 F. Supp. 2d 991 (N.D. Cal. 2004) (referring issues regarding judicial enforcement of an investigative subpoena under 29 U.S.C. § 161(2) to a magistrate judge).

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08cv55 WQH (NLS)

Case 3:08-cv-00055-WQH-NLS

Document 4

Filed 01/17/2008

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IT IS HEREBY ORDERED that all matters arising from the Application for Order Requiring Compliance with Administrative Subpoena Duces Tecum (Doc. # 1) are referred to Magistrate Judge Nita L. Storms.
DATED: January 17, 2008 WILLIAM Q. HAYES United States District Judge

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08cv55 WQH (NLS)