Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago et al v. The Bank of New York Mellon

Filing 18

ORDER granting 1 Motion to Quash Subpoena. Signed by Magistrate Judge David S. Cayer on 9/16/2013. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:13-MC-00120-RJC-DSC

THE RETIREMENT BOARD OF THE
POLICEMEN’S ANNUITY AND
BENEFIT FUND OF THE CITY OF
CHICAGO, et. al.,
Plaintiffs,
v.
THE BANK OF NEW YORK MELLON,
Defendant.

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THIS MATTER is before the Court on “Nonparty Phillip Wertz’s Motion to Quash
Subpoena” (document # 1) filed July 31, 2013, and the parties’ associated briefs and exhibits.
See documents ##2, 3, 6-9, 12, and 15-17.

This Motion has been referred to the undersigned

Magistrate Judge pursuant to 28 U.S.C. §636(b)(1), and is now ripe for the Court’s
consideration.
For the reasons set forth in Wertz’s briefs, the Court concludes that the deposition
testimony Plaintiffs seek through their subpoena falls within the attorney client privilege.
Therefore, Wertz’s “Motion to Quash Subpoena” (document # 1) is granted.
The Clerk is directed to send copies of this Order to counsel for the parties, including but
not limited to moving counsel; and to the Honorable Robert J. Conrad, Jr..
SO ORDERED.

Signed: September 16, 2013