Jiang v. Porter et al

Filing 209

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion to quash [Doc. # 199 ] is granted. Signed by District Judge Carol E. Jackson on 1/11/17. (JAB)

Case: 4:15-cv-01008-CEJ Doc. #: 209 Filed: 01/11/17 Page: 1 of 2 PageID #: 1869

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
REV. XIU HUI “JOSEPH” JIANG,
Plaintiff,
vs.
TONYA LEVETTE PORTER, et al.,
Defendants.

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Case No. 4:15-CV-1008 (CEJ)

MEMORANDUM AND ORDER
This matter is before the Court on the motion of plaintiff Xiu Hui “Joseph”
Jiang to quash a subpoena or, alternatively, for a protective order. The subpoena
was served by defendant N.M. on an attorney who previously represented N.M. in
this case and who also represented a woman (referred to as “Jane Doe 119”) who
made accusations of sexual abuse against plaintiff. No response to the motion has
been filed, and the time allowed for doing so has expired.
Plaintiff argues that the subpoena seeks materials that are irrelevant.

In

light of the claims asserted against N.M., it does not appear that requested
documents concerning Jane Doe 119 have any bearing on any issue involved in this
case. In correspondence between the parties, defendant N.M. admits lacking
knowledge of relevance of the requested documents.

Further, N.M. has not

responded to the plaintiff’s argument, and thus has failed to demonstrate that the
subpoena seeks relevant information. [Doc. 199-2, p. 2]. See Hale v. Whole Foods
Mkt. Grp., Inc., No. 4:12CV01490 AGF, 2014 WL 2158411, at *3 (E.D. Mo. May 23,
2014) (citing Hofer v. Mack Trucks, Inc., 981 F.2d 377, 380 (8th Cir.1992)) (some

Case: 4:15-cv-01008-CEJ Doc. #: 209 Filed: 01/11/17 Page: 2 of 2 PageID #: 1870

threshold showing of relevance must be made before parties are required to open
wide the doors of discovery and to produce information which does not reasonably
bear upon the issues in the case).
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to quash [Doc. #199] is
granted.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 11th day of January, 2017.

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