Home Quarters Real Estate Group, L. L. C. v. Michigan Data Exchange, Incorporated et al

Filing 140

ORDER granting in part and denying in part 116 Motion to Quash; dismissed as moot 120 Motion to Modify Subpoena by Non-Parties. Signed by Magistrate Judge R. Steven Whalen. (GWil)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

HOME QUARTERS REAL ESTATE GROUP, LLC, Plaintiff, v. MICHIGAN DATA EXCHANGE, INC. d/b/a MIREALSOURCE, and REALCOMP II, LTD., Defendants.

Case No. 07-12090

District Judge Stephen J. Murphy, III Magistrate Judge R. Steven Whalen

___________________________________________/ ORDER Before the Court are Defendant Michigan Data Exchange, Inc., d/b/a MIREALSOURCE's Motion to Quash or Modify Subpoenas and for Entry of Protective Order [Docket #116], and Dan Elsea's and Kelly Sweeney's Motion to Modify Non-Party Subpoenas [Docket #120]. Counsel having notified the Court that Elsea's and Sweeney's Motion to Modify Non-Party Subpoenas [Docket #120] has been resolved, said motion is DISMISSED AS MOOT. For the reasons and under the terms stated on the record on May 28, 2010, Defendant MIREALSOURCE's motion to quash or modify [Docket #116] is GRANTED

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IN PART AND DENIED IN PART. Defendant's request to quash the subpoenas is DENIED. Defendant's request to modify the subpoenas is GRANTED, as follows: A. As to Item #1 of the requested documents (Exhibit A to the subpoenas), the documents shall be produced subject to the following limitations: 1. The time frame for this request will be from March, 2002 through December, 2004; 2. The request shall not apply to routine real estate transactional or closing documents or documents contained within routine transactional files. B. As to Item #2, counsel have informed the Court that the dispute has been resolved. C. As to Item #3, the documents shall be produced subject to the following limitations: 1. The time frame for this request will be from March, 2002 through December, 2004; 2. The request shall not apply to routine real estate transactional or closing documents or documents contained within routine transactional files. All discovery ordered herein shall be produced no later than 21 days from the date of this Order.

IT IS SO ORDERED.
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S/R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE Dated: May 28, 2010 CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing order was served on the attorneys and/or parties of record by electronic means or U.S. Mail on May 28, 2010. S/Gina Wilson Judicial Assistant

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