Composite Resources Inc v. Combat Medical Systems LLC et al

Filing 23

ORDER denying 1 Motion to Quash; Motion for Protective Order. Signed by Magistrate Judge David S. Cayer on 6/27/19. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:19-MC-83-MOC-DSC
COMPOSITE RESOURCES INC.,
Petitioner,
v.
COMBAT MEDICAL SYSTEMS LLC
AND ALPHAPOINTE,
Respondents,
v.
NORTH AMERICAN RESCUE
PRODUCTS LLC,
Movant.

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ORDER

THIS MATTER is before the Court on non-party “North American Rescue Products
LLC’s Motion to Quash Subpoena …” (document #1) and the parties’ briefs and exhibits.
This Motion seeks to quash a third-party Subpoena that was served by Defendants in the
underlying patent infringement action. See Composite Resources, Inc. v. Combat Medical Systems
LLC and Alphapointe, NCWD File No. 3:17-cv-00072-MOC-DSC. The Subpoena was served on
May 6, 2019. It is a revised and narrower version of the Subpoena previously quashed by the
Court. See NCWD File No. 3:19MC19-MOC-DSC Document #14.
The Court is well acquainted with the ongoing discovery disputes which the parties have
been unable to resolve absent Court intervention. Most recently, this Court conducted a telephonic

discovery conference overruling Defendant Alphapointe’s objection to Rule 30(b)(6) depositions.
See “Order” (document #153).
In their Opposition brief, Defendants have further narrowed the scope of the Subpoena.
See Document #10 at 7, 8 and 10. Moreover, Defendants have explained the relevance of the
information sought and its unavailability from other sources. Id. at 3-6. For those and the other
reasons stated in their brief, the Court finds that Defendants have met the substantial need/undue
hardship standard under Rule 45 (d)(3)(C)(i) as to the information within the much narrowed scope
of this Subpoena. North American Rescue Products LLC shall respond to the Subpoena within
that scope.
Accordingly, “North American Rescue Products LLC’s Motion to Quash Subpoena …”
(document #1) is denied.
The Clerk is directed to send copies of this Order to counsel of record and to the Honorable
Max O. Cogburn, Jr.
SO ORDERED.
Signed: June 27, 2019