Low v. Trump University, LLC et al

Filing 366

ORDER Granting Plaintiff/Counter Defendant Tarla Makaeff's Motion to Quash and Denying Defendant/Counter Claimant Trump University, LLC's Motion to Compel. Signed by Judge Gonzalo P. Curiel on 12/16/2014. (srm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TARLA MAKAEFF, on Behalf of
Herself and All Others Similarly
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Case No. 10cv0940 GPC (WVG)

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Plaintiffs,

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ORDER GRANTING
PLAINTIFF/COUNTER
DEFENDANT TARLA
MAKAEFF’S MOTION TO
QUASH AND DENYING
DEFENDANT/
COUNTERCLAIMANT TRUMP
UNIVERSITY, LLC’s MOTION
TO COMPEL

vs.

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TRUMP UNIVERSITY, LLC, (aka
Trump Entrepreneur Initiative) a New
York Limited Liability Company,
DONALD J. TRUMP, and DOES 1
through 50, inclusive,

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Defendants.

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TRUMP UNIVERSITY, LLC,
Counterclaimant,
vs.
TARLA MAKAEFF, and DOES 1
through 10, inclusive,
Counter Defendant.

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On November 18, 2014, the Court ordered supplemental briefing in support of

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Plaintiff/Counter Defendant Tarla Makaeff’s (“Makaeff”) bill of fees and costs related

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to California’s anti-SLAPP statute provision for attorney’s fees. (Dkt. No. 358.) On

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November 21, 2014, Defendant/Counterclaimant Trump University, LLC (“Trump
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10cv0940 GPC (WVG)

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University”) sent subpoenas to Plaintiff’s counsel, as well as requests for production

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of documents on Makaeff, seeking time records. On December 2, 2014, Plaintiff’s

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counsel sent written responses objecting to the subpoenas. On December 9, 2014,

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counsel for the parties met and conferred telephonically, but were unable to resolve

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their dispute. Later that same day, counsel for the parties called Magistrate Judge

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Gallo’s Chambers to advise of the dispute. On December 10, 2014, the Court

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scheduled a telephone conference to address the parties’ discovery dispute. The parties

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each submitted letter briefs to the Court. On December 11, 2014, a telephone

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conference hearing was held with all parties appearing telephonically by counsel.

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In essence, Makaeff requests that the Court quash the subpoenas pursuant to Fed.

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R. Civ. P. 45(d)(3). Trump University requests that the Court compel that the

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documents be produced immediately because they were due on December 8, 2014.

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Having considered the moving papers, arguments of counsel and the Court’s

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previous orders, the Court finds that the information sought would be an “undue

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burden” under Fed. R. Civ. P. 45(d)(3)(A)(iv), and is not discoverable under Fed. R.

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Civ. P. 26(b)(1), because it is not relevant to any pending claim or defense and is not

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necessary at this point for Trump University challenging the bill of fees and costs.

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Accordingly, the Court GRANTS Makaeff’s motion to quash, and DENIES Trump

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University’s motion to compel.

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IT IS SO ORDERED.

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DATED: December 16, 2014

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HON. GONZALO P. CURIEL
United States District Judge

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10cv0940 GPC (WVG)