Smith et al v. Chapman et al

Filing 40

ORDER granting 9 Motion to Quash without prejudice to Defendants to re-issue a subpoena seeking the information initially sought after seeking leave from the court. Signed by District Judge Max O. Cogburn, Jr on 7/17/2015. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH
CAROLINA CHARLOTTE DIVISION
DOCKET NO. 3:15-MC-00094-MOC-DSC
IN RE: MOTION TO QUASH
SUBPOENA DUCES TECUM
SERVED ON ROBERT F. SMITH,
BRIAN EBERHARD, AND WELLS
FARGO BANK, N.A.

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ORDER

THIS MATTER is before the court on Physicians Choice Laboratory Services, LLC’s
Motion to Quash Subpoena Duces Tecum Served on Robert F. Smith, Brian Eberhard, and Wells
Fargo Bank, N.A. (#9). Despite the Order of this court (#37) requiring the parties issuing the
subpoena to respond to the Motion to Quash on or before July 3, 2015, no such response was filed

by Defendants. The court has carefully considered the record, authorities, and the arguments of
Physicians Choice Laboratory Services, LLC. Given the failure of the issuers of the subpoena to
respond and argue for the relevance of the information targeted by the subpoena, the court finds
that Defendants have not met the standard to overcome the high burden of non-parties such as
Physicians Choice Laboratory Services, LLC. As a result, the court will grant Physicians Choice
Laboratory Services, LLC’s motion to quash Document Request #1 in the Subpoena to Robert
Smith, Document Request #1 in the Subpoena to Brian Eberhard, and Document Request #1 in
the Subpoena to Wells Fargo Bank, N.A., all without prejudice to Defendants. If Defendants
seek to issue additional subpoenas to such entities, they may seek permission from the court and
explain why such information is relevant and appropriate for subpoena.

ORDER
IT IS, THEREFORE, ORDERED that Physicians Choice Laboratory Services, LLC’s
Motion to Quash Subpoena Duces Tecum Served on Robert F. Smith, Brian Eberhard, and Wells
Fargo Bank, N.A. (#9) is GRANTED, without prejudice to Defendants to re-issue a subpoena
seeking the information initially sought after seeking leave from the court.
Signed: July 17, 2015