United States District Court, District of Colorado
PHILIP A. BRIMMER UNITED STATES DISTRICT JUDGE
The Court takes up this matter sua sponte on plaintiff North Broward Hospital District’s Notice of Withdrawal of Subpoena to Wheeler Trigg O’Donnell, LLP [Docket No. 11]. Defendants initiated this action by filing a Motion to Quash Subpoenas and for Protective Order which sought to quash a subpoena issued to defendants’ attorneys, Wheeler Trigg O’Donnell LLP, that was issued in connection with a case that is currently pending in the United States District Court for the Southern District of Florida. See Docket No. 1. On March 20, 2015, plaintiff filed a motion to transfer this action to the Southern District of Florida. See Docket No. 6. On April 10, 2015, plaintiff filed a notice of withdrawal of the subpoena. See Docket No. 11.
“Mootness is a threshold issue because the existence of a live case or controversy is a constitutional prerequisite to federal court jurisdiction.” McClendon v. City of Albuquerque, 100 F.3d 863, 867 (10th Cir. 1996) (citing Beattie v. United States, 949 F.2d 1092, 1093 (10th Cir. 1991)). “Because mootness is a matter of jurisdiction, a court may raise the issue sua sponte.” Id. (citing Johnson v. Riveland, 855 F.2d 1477, 1480 (10th Cir. 1988)). Because the subpoena at issue has been withdrawn, this action is moot, as there no longer exists a live case or controversy for the Court to decide.
Wherefore, it is
ORDERED that defendants HealthTrio, LLC and Monument Systems, LLC’s Motion to Quash Subpoenas and for Protective Order [Docket No. 1] is DENIED as moot. It is further
ORDERED that plaintiff North Broward Hospital District’s Motion to Transfer Case to the Southern District of Florida [Docket No. ...