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)

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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. ) ) ) ) ) ) ) ) ) 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. -2-

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