Mode v. S-L Distribution Company, LLC et al

Filing 623

ORDER denying 601 Motion to Quash Non-Party Subpoenas to Testify and Produce Documents and for Protective Order. Signed by Magistrate Judge David S. Cayer on 2/18/2021. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-00150-KDB-DSC
JARED MODE, on behalf of himself and
all others similarly situated,
Plaintiffs,
v.
S-L DISTRIBUTION COMPANY LLC,
S-L DISTRIBUTION COMPANY INC.,
AND S-L ROUTES LLC,
Defendants.

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ORDER

THIS MATTER is before the Court on Plaintiffs’ “Motion to Quash Non-Party Subpoenas
to Testify and Produce Documents and for Protective Order” (document # 601) filed January 15,
2021, as well as the parties’ briefs and exhibits (documents ## 602, 603 and 612).
This Motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C.
§636(b)(1) and is ripe for the Court’s consideration.
Plaintiffs seek to quash Subpoenas to Testify and Produce Documents issued to three
accountants who assisted them in the preparation and filing of their tax returns. Plaintiffs also seek
a protective order prohibiting Defendants from conducting the discovery sought by the Subpoenas.
They argue that the Subpoenas are harassing, overbroad, unduly burdensome, seek information
and documents that are not relevant and are not proportional to the needs of the case.
The Court has carefully considered the record, authorities and the parties’ arguments. The
Court finds that the information sought by the Subpoenas is relevant and non-duplicative of the

Case 3:18-cv-00150-KDB-DSC Document 623 Filed 02/18/21 Page 1 of 2

information Plaintiffs have already produced. Therefore, the Court will deny the Motion to Quash
and for Protective Order. The parties shall bear their own costs at this time.
The Clerk is directed to send copies of this Order to counsel for the parties and to the
Honorable Kenneth D. Bell.
SO ORDERED.

Signed: February 18, 2021

Case 3:18-cv-00150-KDB-DSC Document 623 Filed 02/18/21 Page 2 of 2