Hartley v. Time Warner Cable NY, LLC

Filing 150

ORDER denying 135 Motion to Quash; granting 136 Motion to Compel, by Magistrate Judge Michael J. Watanabe on 4/15/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00158-RM-MJW
PATRICK G. HARTLEY,
Plaintiff(s),
v.
TIME WARNER NY CABLE LLC,
Defendant(s)

ORDER REGARDING
(1) NON-PARTY THE HARMAN FIRM, P.C.’S MOTION TO QUASH SUBPOENA
(DOCKET NO. 135)
AND
(2) DEFENDANT TIME WARNER NY CABLE LLC’S MOTION TO COMPEL
PRODUCTION OF DOCUMENTS AND TESTIMONY RELATED TO SETTLEMENT
COMMUNICATIONS, AND MEMORANDUM OF LAW IN SUPPORT
(DOCKET NO. 136)

Entered by Magistrate Judge Michael J. Watanabe

This matter is before the court on Non-Party The Harman Firm, P.C.s Motion to
Quash Subpoena (docket no. 135) and Defendant Time Warner NY Cable LLC’s Motion
to Compel Production of Documents and Testimony Related to Settlement
Communications, and Memorandum of Law in Support (docket no. 136). The court has
reviewed the subject motions (docket nos. 135 and 136), the responses (docket nos.
138, 142, and 144) and the replies (docket nos. 139, 143 and 145). In addition, the
court has taken judicial notice of the court’s file and has considered applicable Federal
Rules of Civil Procedure and case law. The court now being fully informed makes the

2
following findings of fact, conclusions of law, and order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The court finds:
1.

That I have jurisdiction over the subject matter and over the parties
to this lawsuit;

2.

That venue is proper in the state and District of Colorado;

3.

That each party has been given a fair and adequate opportunity to
be heard;

4.

That Defendant Time Warner NY Cable LLC issued one subpoena
to The Harman Firm P.C., prior to filing the subject Motion to
Compel (docket no. 136). Furthermore, Defendant Time Warner
NY Cable LLC narrowed the scope of the subject subpoena as
reflected in the Motion to Compel (docket no. 136) and seeks only
the settlement communications between the now Pro Se Plaintiff
and his former attorneys, The Harman Firm, P.C. The now Pro Se
Plaintiff stated at the February 11, 2014, hearing before Magistrate
Judge Watanabe that he wanted to communicate with Defendant
Time Warner NY Cable LLC by e-mail. See docket no. 136-2
[transcript of February 11, 2014, hearing at 30]. Thus, the evidence
shows that Defendant Time Warner NY Cable LLC sent two
conferring e-mails to the Pro Se Plaintiff concerning the subject
Motion to Compel (docket no. 136) requesting production of the
settlement communications and advising the now Pro Se Plaintiff of

3
its [Defendant’s] intention to seek court intervention if he [now Pro
Se Plaintiff] fails to produce “all communications related to the
parties’ settlement discussions between [now Pro Se Plaintiff] and
[his] former attorneys.” See docket no. 136-1 [declaration of
Nathan D. Chapman];
5

That the information sought to be quashed by Non-Party The
Harman Firm, P.C., and the information being sought by Defendant
Time Warner NY Cable LLC is relevant as to the pending
Defendant Time Warner NY Cable LLC’s Motion to Enforce
Settlement or, Alternatively, for an Evidentiary Hearing, and
Memorandum of Law in Support (docket no. 131). The Motion to
Enforce Settlement (docket no. 131) is currently set for hearing
before Magistrate Judge Watanabe on May 20, 2014, at 9:00 a.m.;
and

6.

That Plaintiff has waived the attorney-client privilege in response to
his former counsel’s motion to withdraw (docket no. 118) as it
pertains to the settlement communications between the now Pro Se
Plaintiff and his former attorneys The Harman Firm, P.C. See
docket nos. 126-1 [plaintiff’s letter to the court]; 127 [plaintiff’s
response to The Harman Firm P.C.’s Motion to Withdraw]; and 1362 [transcript of February 11, 2014, hearing at 11-12];
ORDER

WHEREFORE, based upon these findings of fact and conclusions of law this

4
court ORDERS:
1.

That Non-Party The Harman Firm, P.C.s Motion to Quash
Subpoena (docket no. 135) is DENIED, noting that the scope of the
subpoena has been reduced by Defendant Time Warner NY Cable
LLC to just the settlement communications between the Pro Se
Plaintiff and his former attorneys The Harman Firm, P.C.;

2.

That Defendant Time Warner NY Cable LLC’s Motion to Compel
Production of Documents and Testimony Related to Settlement
Communications, and Memorandum of Law in Support (docket no.
136) is GRANTED. On or before April 25, 2014, the Pro Se Plaintiff
and The Harman Firm, P.C., shall produce to Defendant Time
Warner NY Cable LLC settlement communications between the Pro
Se Plaintiff and his former attorneys The Harman Firm, P.C.
However, Plaintiff is not required to respond to Request for
Production of Documents No. 9 for the reasons stated above; and

3.

That each party shall pay their own attorney fees and costs for this
motion.

Done this 15th day of April 2014.
BY THE COURT
s/Michael J. Watanabe
MICHAEL J. WATANABE
U.S. MAGISTRATE JUDGE