Dunne v. Resource Converting, LLC

Filing 11

ORDER granting in part and denying in part 1 Plaintiff's Motion To Enforce Non-Party Subpoena. Signed by Magistrate Judge David Keesler on 3/30/18. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-MC-025-RJC-DCK
THOMAS DUNNE, JR.,
Plaintiff,
v.
RESOURCE CONVERTING, LLC,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff’s “Motion To Enforce NonParty Subpoena” (Document No. 1) filed February 27, 2018. This motion has been referred to the
undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is
appropriate. Having carefully considered the motion, the record, and applicable authority, the
undersigned will grant the motion in part and deny the motion in part.
By the instant motion, Plaintiff Thomas Dunne, Jr. (“Plaintiff”) seeks an order compelling
non-party Mark E. Brodowicz (“Brodowicz”) to fully comply with subpoenas issued by Plaintiff
and to provide unfettered access to his cell phone and email accounts. (Document No. 1). The
subpoenas arise out of parallel underlying actions in the United States District Courts for the
Eastern District of Missouri and the Southern District of Iowa. Id. Plaintiff states that the
subpoenas are substantively identical. Id. It appears that the subpoenas demand production of six
categories of documents from Brodowicz, but do not seem to mention allowing access to email
accounts or cell phone(s). See (Document No. 2-2). Plaintiff now contends that Brodowicz is
unwilling or unable to conduct a diligent search for documents responsive to the subpoenas.
(Document No. 2, pp.7).

In response, Brodowicz asserts that he “has made every reasonable effort to comply with
Plaintiff’s subpoena, short of giving control of his Communication Means.” (Document No. 9,
p.2).
The undersigned directs that Brodowicz supplement his responses to the subpoenas, to the
extent he is able to locate and access additional responsive documents. However, the Court will
decline to require non-party Brodowicz to turn over access to his email accounts or cell phone.
Such requests are not included in the underlying subpoenas; moreover, this demand appears to be
unduly burdensome and overly broad.
Plaintiff shall reimburse Brodowicz for the reasonable costs of locating and producing
requested documents; otherwise, the requests for costs and fees are denied. The parties are
respectfully encouraged to work together to efficiently conclude discovery production and to
schedule Mr. Brodowicz’s deposition without further delay.
IT IS, THEREFORE, ORDERED that Plaintiff’s “Motion To Enforce Non-Party
Subpoena” (Document No. 1) is GRANTED in part and DENIED in part, as described herein.
SO ORDERED.
Signed: March 30, 2018

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