Noel v. Liberty Bank of Arkansas

Filing 81

ORDER denying 75 Motion to Quash. Signed by Judge J. Leon Holmes on 10/16/2012. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
VIRGINIA MCKEE NOEL
v.

PLAINTIFF
No. 3:10CV00107 JLH

LIBERTY BANK OF ARKANSAS

DEFENDANT
ORDER

Kemp & Company has filed a motion to quash or modify a subpoena issued by the plaintiff
in this action. Kemp & Company cites Rule 45(c)(3)(A)(iii) of the Federal Rules of Civil Procedure
for the proposition that a court must quash or modify a subpoena that requires disclosure of
privileged or other protected matter. “Some of the documents requested in the subpoena are
confidential.” Kemp & Company asserts, without however, describing the nature of the documents
or explaining what about them is confidential. A protective order is, as Kemp & Company notes, in
place. That order protects trade secrets and other information the confidentiality or privacy of which
is protected by statute. Kemp & Company says, “[w]hile the information being requested is highly
confidential, it does not fall within either of those categories.” Kemp & Company has presented
nothing but conclusory assertions that the documents are confidential and that the protective order
currently in place is insufficient.
The burden of persuasion in a motion to quash a subpoena issued during the course of civil
litigation is on the moving party. United States v. Int’l Bus. Mach. Corp., 83 F.R.D. 97, 104
(S.D.N.Y. 1979). Kemp & Company has not met that burden. The motion to quash or modify is
therefore DENIED. Document #75.
IT IS SO ORDERED this 16th day of October, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE