Republic Fire and Casualty Insurance Company v. Azlin et al

Filing 134

ORDER granting in part and denying in part 124 Motion to Quash. Signed by David A. Sanders on 3/31/2011. (sef)

-DAS Republic Fire and Casualty Insurance Company v. Azlin et al

Doc. 134

IN THE UNITED STATES DISTRICT COURT OF THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION REPUBLIC FIRE AND CASUALTY INSURANCE COMPANY VS.

PLAINTIFF CIVIL ACTION NO.: 4:10CV37-A-S

MARK AZLIN D/B/A THE BOURBON MALL and THE BOURBON MALL, INC.

DEFENDANTS/ COUNTER-PLAINTIFFS

AND RANDAL R. HENSON; MID-DELTA INSURANCE AGENCY, INC.; and XYZ INSURANCE/BONDING COMPANY/IES ORDER This matter is before the court on the defendants/counter-plaintiffs' motion to quash or modify subpoenas and/or for protective order (#124). After considering the motion and the response thereto, and after conducting a hearing on the matter, the court finds as follows: For the reasons announced by the court on the record at the conclusion of the parties' oral argument on March 30, 2011, the court finds that the motion should be GRANTED IN PART AND DENIED IN PART. Specifically, the court finds as follows: (1) The Greenville Clinic Subpoena is limited to records from January 2006 forward. (2) The Home Insurance Company, The Home Insurance Agency, Inc. and Foremost Affiliated Insurance Services, Inc. Subpoenas, Paragraphs 1,2,3, and 9, are limited to records from January 2006 forward. (3) The Southern Bankcorp Bank Subpoena in limited to records from January 2008 forward. (4) The Pioneer Investment, LLC Subpoena is limited to records from January 2006 forward and only to documents related to withdrawals or additions from the fund and to any

THIRD-PARTY DEFENDANTS

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loans from or against the fund. (5) The Sunland Construction, Inc. and Pace Investigations Subpoenas are limited to records related to income or pay received and any information related to sick leave, counseling services or workers compensation. IT IS, THEREFORE, ORDERED that the motion to quash or modify the subpoenas (# 124) is hereby granted in part and denied in part pursuant to the order of the court and that the parties are to bear their own costs. SO ORDERED, this the 31st day of March, 2011. /s/ David A. Sanders UNITED STATES MAGISTRATE JUDGE