Ahmad et al v. St. Louis, Missouri, City of

Filing 138

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that the motion to intervene 130 is granted as unopposed. IT IS FURTHER ORDERED that defendant shall show cause in writing by no later than noon on April 3, 2019, why the subpoena iss ued to Keith Rose should not be quashed as to the request for production of documents, and why the subpoena issued to Scott Kampas should not be quashed in its entirety. The written response shall not exceed the local rule's page limitation req uirement, and no extension of time will be granted. IT IS FURTHER ORDERED that any reply brief submitted in support of the motion to quash shall be filed by no later than 5:00 p.m. on April 3, 2019 and shall not exceed five pages in length. No further briefing will be permitted, and no hearing will be held. Signed by District Judge Catherine D. Perry on 4/1/2019. (CBL)

Case: 4:17-cv-02455-CDP Doc. #: 138 Filed: 04/01/19 Page: 1 of 3 PageID #: 3029

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MALEEHA AHMAD, et al.,
Plaintiffs,
vs.
CITY OF ST. LOUIS, MISSOURI,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 4:17 CV 2455 CDP

MEMORANDUM AND ORDER

This matter is before the Court on the motion to intervene filed by nonparty

National Lawyers Guild (NLG), which will be granted as unopposed. The NLG
seeks to quash subpoenas served on two NLG legal observers, Keith Rose and
Scott Kampas. The subpoenas demand production of proprietary NLG materials,
which NLG claims are confidential and protected from disclosure as attorney work
product. The subpoenas do not state the deposition’s scope or subject matter. The
depositions are noticed for April 2 and 3, 2019.
Defendant has the right to depose Keith Rose in this matter, as he has
provided evidence in this case. However, he was not participating in the events at
issue in this case as an NLG legal observer. Therefore, defendant appears to have
no legal basis upon which to subpoena NLG materials from him, as such materials
are completely irrelevant to this case and his testimony. As for Scott Kampas, his

Case: 4:17-cv-02455-CDP Doc. #: 138 Filed: 04/01/19 Page: 2 of 3 PageID #: 3030

only purported connection to this case is as an NLG trainer for plaintiff Pamela
Lewczuk, who was at the events at issue as a legal observer for the NLG.
Defendant has already taken Lewczuk’s deposition. Lewczuk testified as to her
training, her participation in the NLG, and what happened to her during the events
at issue in this case. Lewczuk is not an expert witness in this case and does not
opine as to whether defendant’s conduct complied with constitutional
requirements. Under such circumstances,
IT IS HEREBY ORDERED that the motion to intervene [130] is granted
as unopposed.
IT IS FURTHER ORDERED that defendant shall show cause in writing
by no later than noon on April 3, 2019, why the subpoena issued to Keith Rose
should not be quashed as to the request for production of documents, and why
the subpoena issued to Scott Kampas should not be quashed in its entirety.
The written response shall not exceed the local rule’s page limitation
requirement, and no extension of time will be granted.

2 

Case: 4:17-cv-02455-CDP Doc. #: 138 Filed: 04/01/19 Page: 3 of 3 PageID #: 3031

IT IS FURTHER ORDERED that any reply brief submitted in support
of the motion to quash shall be filed by no later than 5:00 p.m. on April 3,
2019 and shall not exceed five pages in length. No further briefing will be
permitted, and no hearing will be held.

/s/ Catherine D. Perry

Dated this 1st day of April, 2019.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

3