Copper Ridge Owners' Association, Inc. v. Philadelphia Indemnity Insurance Company

Filing 32

ORDER granting 17 Motion To Quash And Motion For Protective Order; granting 22 Motion to Quash And Motion For Protective Order Regarding Subpoena Issued To William F. Nunn Co., Inc; denying as moot 24 Motion to Strike Affidavits of Kenneth T. Crump and Ken Morscheiser. Signed by Magistrate Judge David Keesler on 11/1/16. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-305-DCK
COPPER RIDGE OWNERS’
ASSOCIATION, INC.,
Plaintiff,
v.
PHILADELPHIA INDEMNITY
INSURANCE COMPANY,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER IS BEFORE THE COURT on “Defendant’s Motion To Quash And
Motion For Protective Order” (Document No. 17); “Defendant’s Motion To Quash And Motion
For Protective Order Regarding Subpoena Issued To William F. Nunn Co., Inc.” (Document No.
22); and “Plaintiff’s Motion To Strike Affidavits Of Kenneth T. Crump And Ken Morscheiser”
(Document No. 24). The parties have consented to Magistrate Judge jurisdiction pursuant to 28
U.S.C. § 636(c), and these motions are ripe for disposition. Having carefully considered the
motions and the record, and having held a telephone conference with counsel for both sides
regarding the motions and the status of the case on November 1, 2016, the undersigned will grant
the motions in part and deny the motions in part.
As discussed with counsel for the parties in the recent telephone conference, the
undersigned finds that the goals of efficient case management and proportional discovery in this
matter are best served if the pending subpoenas (Document No. 17-1 and Document No. 22-1)
issued to Crump Engineering Works, PLLC and William F. Nunn Co., Inc. are quashed. See
Fed.R.Civ.P. 26(b)(1), (4) and (5)(c). In short, the undersigned finds in this instance that the parties

should exchange some initial written discovery and expert reports, consistent with the “Pretrial
Order And Case Management Plan” (Document No. 16), prior to Plaintiff seeking information
from the non-parties named in the subpoenas at issue.
IT IS, THEREFORE, ORDERED that “Defendant’s Motion To Quash And Motion For
Protective Order” (Document No. 17) and “Defendant’s Motion To Quash And Motion For
Protective Order Regarding Subpoena Issued To William F. Nunn Co., Inc.” (Document No. 22)
are GRANTED as directed herein.
IT IS FURTHER ORDERED that “Plaintiff’s Motion To Strike Affidavits Of Kenneth
T. Crump And Ken Morscheiser” (Document No. 24) is DENIED AS MOOT.
SO ORDERED.
Signed: November 1, 2016

2