Duke Energy Florida, Inc. v. Westinghouse Electric Company

Filing 302

ORDER granting in part and denying in part 291 Motion to Quash. subpoenas are modified to provide for a duration of October 17 through October 21, 2016. Signed by District Judge Max O. Cogburn, Jr on 10/12/16. (ssh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-cv-00141-MOC-DSC
DUKE ENERGY FLORIDA, INC.,
Plaintiff,
Vs.
WESTINGHOUSE ELECTRIC COMPANY
LLC,
Defendant.

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ORDER

THIS MATTER is before the court on plaintiff’s Motion to Quash or Modify Subpoenas.
The court denies the Motion to Quash under Rule 45, Federal Rules of Civil Procedure, as plaintiff
has not shown undue burden inasmuch as all subpoenaed witnesses are employees of plaintiff and
their testimony may be necessary for defendant’s rebuttal. The court will, however, modify the
subpoenas to provide that the witnesses are under the subpoena of this court for the week of
October 17, 2016, only as this case will be finished by Friday, October 21, 2016. Having
considered plaintiff’s motion and reviewed the pleadings, the court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Motion to Quash or Modify Subpoenas
(#291) is GRANTED in part and DENIED in part, and the subpoenas are modified to provide for
a duration of October 17 through October 21, 2016.

Signed: October 12, 2016

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