STRATEGIC MANAGEMENT HARMONY, LLC et al v. ENHANCED BUSINESS REPORTING CONSORTIUM, INC. et al

Filing 253

ORDER DENYING 238 PLAINTIFFS' HARDSHIP MOTION TO ISSUE SUBPOENAS. Defendant Grant Thornton's request for sanctions is denied at this time. Signed by Magistrate Judge William G. Hussmann, Jr on 4/15/2009. (JLM)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA NEW ALBANY DIVISION SUSAN HINDS, individually, and as CEO of Strategic Management Harmony, LLC, and BFC SOLUTIONS, INC., Plaintiffs, v. ENHANCED BUSINESS REPORTING CONSORTIUM, INC., GRANT THORNTON, LLP, PRICEWATERHOUSE COOPERS, LLP, AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS, MICROSOFT, INC., MIKE STARR, as managing partner of Grant Thornton, LLP, and as a founding partner of Enhanced Business Reporting Consortium, Inc., JOHN O'CONNER, as Chairman of Services of Priceswaterhouse Coopers, LLP, and as a founding partner of Enhanced Business Reporting Consortium, Inc., ALAN ANDERSON, as Senior Vice President of Member Services of American Institute of Certified Public Accountants and as a founding partner of Enhanced Business Reporting Consortium, Inc., and BOB LAUX, as Director of Financial Reporting for Microsoft, Inc., and as a founding partner of Enhanced Business Reporting Consortium, Inc., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4:05-cv-180-JDT-WGH

ORDER DENYING PLAINTIFFS' HARDSHIP MOTION TO ISSUE SUBPOENAS
This matter is before the Honorable William G. Hussmann, Jr., United States Magistrate Judge, on the "Plaintiff's Hardship Motion to Request Court to Issue

Plaintiff's, Pro Se Status, Subpoena's," filed February 26, 2009. (Docket No. 238). Defendant Grant Thornton filed "Defendant's Opposition to Plaintiff's Motion to Issue Subpoenas and for Sanctions," on February 23, 2009. (Docket No. 249). Plaintiff filed a Response on March 30, 2009. (Docket No. 252). The plaintiff's motion requests that this court issue certain subpoenas. The plaintiff's motion reflects that attached to the motion are the subpoenas which she seeks to be served. However, the docket sheet and filing with the court do not include the subpoenas. The court is unable to determine whether these subpoenas should be issued because they are not attached to the plaintiff's filing and, therefore, the motion is DENIED. The plaintiff is entitled to the issuance of certain subpoenas, and if she tenders new subpoenas, the following portions of Federal Rule of Civil Procedure 45 should be considered: (a) Federal Rule of Civil Procedure 45(a)(2)(C) provides that a subpoena for production or inspection of documents must issue "from the court for the district where the production or inspection is to be made." Federal Rule of Civil Procedure 45(b)(2)(B) provides that a subpoena may be served at any place "outside [the issuing court] district but within 100 miles of the place specified for the . . . production . . . ." Federal Rule of Civil Procedure 45(c)(1) provides "[a] party . . . 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."

(b)

(c)

The plaintiff must recognize that discovery must be relevant to the issue of whether the plaintiff was discriminated against by defendant Grant Thornton during

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her employment with them. The discovery process may not be used to assemble information related to other claims not before the presiding court. The plaintiff should substantially reduce the scope of her request to other non-parties in keeping with these relevancy principles. Defendant Grant Thornton's request for sanctions is DENIED at this time. However, the request may be reconsidered if future requests for subpoenas do not comply with the parameters established in this order. SO ORDERED. Dated: April 15, 2009
_______________________________

WILLIAM G. HUSSMANN, JR. Magistrate Judge

Electronic copies to: Michael J. Buddendeck AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS [e-mail] Steven P. Langdon FROST BROWN & TODD, LLC [e-mail] Gray A. Mateo NEAL, GERBER & EISENBERG, LLP [e-mail] Joseph W. Muccia THOMPSON HINE LLP [e-mail]

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Sandra H. Perry BOSE MCKINNEY & EVANS, LLP [e-mail] David Brian Ritter NEAL GERBER & EISENBERG LLP [e-mail] William Michael Sunkel WINSTON & STRAWN LLP [e-mail] David L. Swider BOSE MCKINNEY & EVANS, LLP [e-mail] Mail copies to: SUSAN HINDS 1313 Gleneagles Place Greendale, IN 47025 M. Faiyaz Hussain GRANT THORNTON LLP 175 W. Jackson Blvd. Chicago, IL 60604

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