KELLER et al v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

Filing 3

ORDER regarding 1 MOTION to Quash Subpoena filed by TED GUMBART. The Court is not prepared to quash the subpoena in its entirety at this time, Mr. Gumbart is relieved from the obligation of producing the requested documents by 8/30/2011. The Court sets a hearing on the Motion to Quash for 9/30/2011 at 10:00 am. Ordered by Judge Marc Thomas Treadwell on 8/26/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
SAMUEL MICHAEL KELLER, et al.,

Plaintiffs,
v.
NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION,
Defendant.

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CIVIL ACTION NO. 5:11-mc-14 (MTT)

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ORDER

This matter is before the Court on non-party movant Ted Gumbart’s motion to
quash a subpoena issued by this Court in connection with litigation pending in the
United States District Court for the Northern District of California, 4:09-CV-1967 (CW).
Mr. Gumbart is the Commissioner of the Atlantic Sun Conference, a non-profit
corporation organized and existing under the laws of the State of Georgia with an office
located in Macon, Georgia. Pursuant to the subpoena, Mr. Gumbart was to produce by
August 26, 2011. Counsel for Mr. Gumbart attempted to contact Plaintiffs’ counsel to
request an extension of time to compile and produce the voluminous materials the
Plaintiffs seek, but Plaintiffs’ counsel failed to respond to Mr. Gumbart’s counsel’s
attempts to resolve the matter without court intervention.
Pursuant to Federal Rule of Civil Procedure 45(c), a “party or attorney
responsible for issuing and serving a subpoena must take reasonable steps to avoid
imposing undue burden or expense on a person subject to the subpoena.” Fed. R. Civ.

P. 45(c)(1). “On timely motion, the issuing court must quash or modify a subpoena that
fails to allow a reasonable time to comply … or subjects a person to undue burden.”
Fed. R. Civ. P. 45(c)(3). At first glance, the subpoena in this case appears to request
the production of an extraordinarily-broad scope of documents, the production of which
would subject Mr. Gumbart and the Atlantic Sun Conference, an entity of limited
resources and personnel, to considerable expense. Although the Court is not prepared
to quash the subpoena in its entirety at this time, Mr. Gumbart is relieved from the
obligation of producing the requested documents by August 26, 2011. The Court sets a
hearing on the Motion to Quash for September 30, 2011 at 10:00 am.
SO ORDERED, this 26th day of August, 2011.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT