Banc of America Investment Services, Inc. v. Martin

Filing 23

ORDER preliminarily granting 19 defendant's motion to quash. If plaintiff desires to obtain the information sought in its subpoenas duces tecum directed to defendant prior to the parties' Rule 26 conference, plaintiff may re-visit this issue with the Court during the preliminary injunction hearing on Monday, September 18, 2006. Signed by Judge Fernando J. Gaitan Jr. on 9/14/06. (Enss, Rhonda)

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Banc of America Investment Services, Inc. v. Martin Doc. 23 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI WESTERN DIVISION BANC OF AMERICA INVESTMENT SERVICES INC., Plaintiff, vs. BART AARON MARTIN, Defendant. ) ) ) ) ) Case No. 06-0714-CV-W-FJG ) ) ) ) ORDER Pending before the Court is Defendant's Motion to Quash and for Protective Order regarding Plaintiff's Rule 45 Subpoena to Produce Documents, and Suggestions in Support (Doc. No. 19). Plaintiff has recently filed two subpoenas duces tecum directed to Martin, directing him to produce various documents by Friday, September 15, 2006, at 10:00 a.m. See Doc. No. 15 (executed on September 11, 2006, and entered on ECF on September 13, 2006), and Doc. No. 20 (executed and entered on ECF on September 14, 2006). Defendant objects to these subpoenas duces tecum as (1) they are premature under Rule 26(d); (2) they do not allow reasonable time for compliance under Rule 45 (c)(3)(A)(I); (3) compliance would subject defendant to an undue burden under Rule 45(c)(3)(A)(iv); and (4) the subpoenas seek trade secret or confidential information under Rule 45(c)(3)(B)(I). Upon reviewing defendant's motion, the Court finds defendant's objections to be persuasive, particularly those as to the premature nature of the subpoenas. As plaintiff has requested compliance with these subpoenas by 10:00 a.m. tomorrow, the Court finds that it should preliminarily GRANT defendant's motion to quash. If plaintiff desires to obtain the Case 4:06-cv-00714-FJG Document 23 Filed 09/14/2006 Page 1 of 2 Dockets.Justia.com information sought in its subpoenas duces tecum directed to defendant prior to the parties' Rule 26 conference, plaintiff may re-visit this issue with the Court during the preliminary injunction hearing on Monday, September 18, 2006. IT IS SO ORDERED. Dated: September 14, 2006 Kansas City, Missouri /s/Fernando J. Gaitan, Jr. Fernando J. Gaitan, Jr. United States District Judge 2 Case 4:06-cv-00714-FJG Document 23 Filed 09/14/2006 Page 2 of 2

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