Stevenson v. First South Bank

Filing 8

ORDER granting 1 Motion to Quash, quashing subpoena issued to J. Christian Stevenson dated 11/8/2011. Signed by Magistrate Judge David S. Cayer on 11/23/11. (bsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL NO. 3:11MC176-FDW-DSC

J. CHRISTIAN STEVENSON,
Petitioner,
v.
FIRST SOUTH BANK,
Respondent.

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MEMORANDUM AND ORDER

THIS MATTER is before the Court on Petitioner J. Christian Stevenson’s “Motion to
Quash Subpoena Directed to J. Christian Stevenson,” Doc. 1, and the parties’ associated briefs and
exhibits. See Docs. 2-7.
Petitioner Stevenson is a North Carolina lawyer who works and resides in Charlotte, North
Carolina. He represented Fifth Third Bank in a North Carolina real estate transaction which is the
subject of a pending lawsuit in the United States District Court for the District of South Carolina.
Stevenson gave his deposition by consent on October 24, 2011. He answered all questions posed
to him except for those where the attorney-client privilege was asserted between him and his client
Fifth Third Bank, the Defendant in the South Carolina case.
On November 8, 2011, Respondent's counsel issued a subpoena seeking to depose Stevenson
for a second time and to compel him to testify about privileged information (the "Subpoena"). On
November 14, 2011, Petitioner Stevenson filed the instant action to quash the Subpoena.
Having carefully reviewed the pleadings, record, and applicable authority, and for the
reasons stated in the “Brief in Support of Motion to Quash Subpoena Directed to J. Christian
Stevenson,” Doc. 2, and “Non-Party J. Christian Stevenson’s Reply to Plaintiff’s Response to

Motion to Quash,” Doc. 7, Petitioner J. Christian Stevenson’s Motion to Quash is GRANTED.
IT IS HEREBY ORDERED that:
1. The “Motion to Quash Subpoena Directed to J. Christian Stevenson,” Doc. 1, is
GRANTED and the subpoena issued to J. Christian Stevenson dated November 8, 2011 and
attached as Exhibit A to Doc. 1 is QUASHED.
2. The Clerk is directed to send copies of this Memorandum and Order to counsel for the
parties; and to the Honorable Frank D. Whitney.
SO ORDERED.

Signed: November 23, 2011

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