FRANK BRUNKHORST CO., LLC et al v. IHM et al

Filing 18

ORDER THAT THE MOTION TO QUASH IS DENIED. THE MOTION FOR PROTECTIVE ORDER IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 10/23/12. 10/23/12 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FRANK BRUNCKHORST CO.,

:
:
v.
:
:
MICHAEL R. IHM and
:
SUNSET DELI PROVISIONS, INC. and :
SOUTH SHORE DELI PROVISIONS, INC :
:

MISCELLANEOUS
NO. 12-0217

ORDER
Upon consideration of nonparty Dietz and Watson’s (“D&W”) Motion To Quash Or
Modify The Subpoenas Issued To Dietz and Watson and Louis J. Eni, Jr. and For a Protective
Order, an opposition filed by plaintiff Frank Brunckhorst and a response in support of the motion
to quash filed by D&W, it is hereby ORDERED that the motion to quash is DENIED and the
motion for a protective order is GRANTED IN PART AND DENIED IN PART as follows:
1. Within 7 calendar days after the date of this Order, D&W shall produce to
Brunckhorst:
a. all documents responsive to Brunckhorst’s Documents to be Produced 1-5, 7,
9-11, 14 and 15;
b. all documents responsive to Brunckhorst’s Documents to be Produced 6, 8, 12
and 13 to the extent that they concern defendants’ conduct and interactions
with D&W, and D&W’s plans and communications about defendants; and
c. a copy of the Compensation Agreement between D&W and defendants.
2. Brunckhorst’s request for the document entitled “Confidential Dietz & Watson, Inc.,
Independent Distributor Policies” (the “Confidential Policy”) is deemed withdrawn.

3. The Protective Order entered by the California Court on March 8, 2012 is
incorporated herein. See No. 11-1883 (S.D. Ca.), Dkt. Nos. 27. D&W shall comply
with the requests for production pursuant to paragraph 1 above in conformity with the
protective order entered in that case. Brunckhorst shall maintain and review the
documents produced by D&W in conformity with that Order.
4. Within 7 calendar days after D&W complies with the requests for production
pursuant to paragraph 1 above, D&W shall appear by appropriate corporate
representative(s) pursuant to Federal Rule of Civil Procedure 30(b)(6) for a
deposition at the office of Drinker Biddle & Reath LLP, One Logan Square, Suite
2000, Philadelphia, PA 19103, or at such other date and location as may be mutually
agreed among the parties and D&W.
5. Within 7 calendar days after D&W complies with the requests for production
pursuant to paragraph 1 above (but on a date different from the date of the deposition
of D&W), Louis J. Eni, Jr. shall appear for a deposition at the office of Drinker
Biddle & Reath LLP, One Logan Square, Suite 2000, Philadelphia, PA 19103, or at
such other date and location as they may be mutually agreed among the parties and
Mr. Eni.
6. At the depositions, Brunckhorst may ask and Eni and the 30(b)(6) designee shall be
prepared to respond to questions about:
i. Matters for Examination 1, 4, 5, 6, 7, 9, 11, 12, 13, 14, and 15;
ii. Matters for Examination 2, 3, 8, 10 to the extent that the discussion is
limited to defendants’ conduct and interactions with D&W, and
D&W’s plans and communications about defendants (and not D&W’s

general policies and recruitment strategies, methods and procedures or
any materials nonspecific to defendants); and
iii. the negotiation and execution of the Confidential Policy.
iv. Brunckhorst shall not inquire about the content of the Confidential
Policy.

__Thomas N. O’Neill Jr._____
THOMAS N. O’NEILL, JR., J.