Archbishop Edwin F. O'Brien et al v. Mayor and City Council Of Baltimore et al

Filing 71

MEMORANDUM AND ORDER re: Discovery. Signed by Judge Marvin J. Garbis on 8/25/14 (cags, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
GREATER BALTIMORE CENTER
FOR PREGNANCY CONCERNS, INC.

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Plaintiff
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vs.

CIVIL ACTION NO. MJG-10-760
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MAYOR AND CITY COUNCIL OF
BALTIMORE, et al.

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Defendants

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MEMORANDUM AND ORDER RE: DISCOVERY
The Court has before it the discovery Motion listed herein
and the materials submitted relating thereto.

The Court has

held a hearing and had the benefit of the arguments of counsel.
As discussed on the record of proceedings held on this
date, on the one hand, the Defendants seek a grossly excessive
degree of discovery from the non-party movants ("the Movants").
On the other hand, the Movants have taken inappropriately
sweeping positions in response.

The current state of the record

renders it necessary to have the Defendants and the Movants
begin again to seek to focus their discovery dispute.
The Movants cannot broadly assert positons based upon
unspecified trade secret contentions and cannot decline to
provide the Defendants with materials that they are obligated by
the Internal Revenue Code law to provide in response to any

request.

However, the Defendants cannot persist in presenting

implausible relevance contentions and cannot seek to impose
excessive burdens on the Movants in an attempt to obtain the
requested discovery.
The pending Motion shall be referred to a Magistrate Judge
who, upon consideration of the hearing transcript and a further
submission of the parties, shall confer with the parties and
seek to narrow, focus, and resolve the discovery disputes.
Accordingly:
1.

By separate Order, Care Net, Heartbeat International,
National Institute of Family and Life Advocates, and
Vitae Foundation's Motion to Quash Subpoenas for
Deposition and Documents [Document 60] shall be
referred to a Magistrate Judge for decision.

2.

The Movants and the Defendants promptly shall confer,
seek to narrow the discovery disputes, and provide the
Magistrate Judge with a joint statement, or separate
statements, regarding the issues requiring resolution.

3.

The Magistrate Judge shall proceed to resolve the
issues.

SO ORDERED, on Friday, August 22, 2014.

/s/__________
Marvin J. Garbis
United States District Judge

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