Whitney Information, et al v. Xcentric Ventures, et al

Filing 83

ORDER granting 81 Motion for protective order to the limited extent that the due date on the subpoena is extended until Tuesday, March 6, 2007. The Defendant has up to and including Wednesday, February 28, 2007, to file a more complete objection to the subpoena. The Plaintiff has up to and including Friday, March 2, 2007, to file a reply. Signed by Judge Sheri Polster Chappell on 2/23/2007. (Chappell, Sheri)

Whitney Information, et al v. Xcentric Ventures, et al

Doc. 83

Case 2:04-cv-00047-MMH-SPC

Document 83

Filed 02/23/2007

Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION WHITNEY INFORMATION NETWORK, INC., a Colorado corporation, Plaintiff, -vsXCENTRIC VENTURES, LLC., an Arizona limited liability company; BADBUSINESSBUREAU.ORG, an Arizona limited liability company and ED MAGEDSON, an individual, Defendants. ______________________________________ Case No. 2:04-cv-47-FtM-33SPC

ORDER This matter comes before the Court on the Defendant's Emergency Motion for Protective Order and to Quash Summons (Doc. #81) filed on February 23, 2007. The Defendants move to quash, or modify a subpoena issued upon the non-party Christopher J. Whitelock, Esq. Demanding the production of the Ed Magedson's video taped deposition. In the Alternative, the Defendants request the Court to issue a protective order preventing the public disclosure of the video tape deposition or to extend the deadline on the subpoena until March 1, 2007, to allow them sufficient time to respond. Whitelock informed the Defendants today that he was turning the video deposition over to the Plaintiffs today as required by the subpoena. Magedson was represented by Atty. Whitelock in a state court case involving the same parties.

Dockets.Justia.com

Case 2:04-cv-00047-MMH-SPC

Document 83

Filed 02/23/2007

Page 2 of 2

After reviewing the circumstances surrounding the subpoena the Court will allow the Defendants up to and including Wednesday, February 28, 2007, to fill a further response in opposition to the subpoena. The Plaintiff will be allowed to file a reply to the response. Accordingly, it is now ORDERED: The Defendant's Emergency Motion for Protective Order and to Quash Summons (Doc. #81) is GRANTED to the limited extent that the due date on the subpoena is extended until Tuesday, March 6, 2007. (1) The Defendant has up to and including Wednesday, February 28, 2007, to file a more complete objection to the subpoena. (2) The Plaintiff has up to and including Friday, March 2, 2007, to file a reply. DONE AND ORDERED at Fort Myers, Florida, this 23rd day of February, 2007.

Copies: All Parties of Record

-2-