Anahuac Management v. Mazer et al

Filing 47

ORDER Setting Briefing Schedule and Hearing on 44 Emergency MOTION to Quash Subpoenas and TEMPORARY PROTECTIVE ORDER. Responses due by 6/15/2011. Replies due by 6/22/2011. Motion Hearing set for 6/29/2011 11:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 6/6/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANAHUAC MANAGEMENT,

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Plaintiff,
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vs.
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KEITH A. MAZER, et al.,
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Defendants. )
__________________________________________)

Case No. 2:09-cv-01590-RLH-PAL
ORDER
(Emg Mot Quash - Dkt. #44)

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Before the court is Third-Party Defendant Jehu Hand’s Emergency Motion to Quash Subpoenas,

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or in the Alternative, for Protective Order (Dkt. #44) filed June 1, 2011. The emergency motion seeks

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an order quashing subpoenas directed to Wells Fargo Bank and Bank of America to produce all bank

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account statements and related records and documents for all bank accounts held by Third-Party

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Defendant Jehu Hand and/or non-party Hand & Hand, P.C. Counsel for Third-Party Plaintiff Keith A.

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Mazer and Defendant World Capital Funding, LLC, whose counsel have office in Illinois, obtained

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subpoenas issued by the U.S. District Court for the Northern District of Illinois directed to Wells Fargo

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and Bank of America to produce documents sought in this case. Movants assert the Defendants had the

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subpoenas issued and served in the Northern District of Illinois solely for the convenience of their out-

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of-state counsel who work in Chicago, Illinois, that the District of Illinois has no jurisdiction over

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Defendants over the conduct of discovery of this case, and therefore, this court has authority pursuant to

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Fed.R.Civ.P. 45(c) to quash the subpoenas. In the alternative, Movants seek an order pursuant to

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Fed.R.Civ.P. 26(c) for a protective order forbidding discovery of confidential bank records. The

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motion was filed as an emergency motion because the subpoenas were served May 24, 2011, and seek

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production of the documents on June 9, 2011. The Bank of America has advised counsel for Movants

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that it received the subpoena and intends to comply by producing responsive documents on June 6,

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2011.

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Having reviewed and considered the matter, the court will enter a temporary protective order

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precluding Defendant/Counterclaimant/Third-Party Plaintiff Keith Mazer and Defendant World Capital

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Funding, LLC, from obtaining and/or using documents subpoenaed from Wells Fargo and Bank of

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America pending a decision on the merits.

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IT IS ORDERED that:

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1.

Defendant/Counterclaimant/Third-Party Plaintiff Keith Mazer, and Defendant World

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Capital Funding, LLC, shall have until June 15, 2011, in which to file a response to the

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motion.

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2.

Third-Party Defendant Hand shall have until June 22, 2011, in which to file a reply.

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3.

A hearing on the motion is set for June 29, 2011, at 11:00 a.m.

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4.

A temporary protective order is entered precluding Defendant/Counterclaimant/Third-

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Party Plaintiff Keith Mazer, and Defendant World Capital Funding, LLC, from obtaining

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and/or using documents subpoenaed from Wells Fargo and Bank of America pending a

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decision on the merits.

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Dated this 6th day of June, 2011.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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