Miller v. Union Central Life Insurance Company et al

Filing 73

MEMORANDUM DECISION and order GRANTING 70 Motion to Quash. Mr. Christensens request for an award of attorneys fees and costs is also GRANTED. Fed. R. Civ. P. 37(a)(5)(A). Mr. Christensen shall file an affidavit and cost memorandum detailing thereasonable expenses, including attorneys fees, incurred in bringing the underlying motion. Within fourteen (14) days of Mr. Christensens filing the cost memorandum, Plaintiff shall file a written response, if any. IT IS SO ORDERED. Signed by Magistrate Judge Paul M. Warner on 11/21/16. (jlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
GIL A. MILLER, in his capacity as the
Trustee of the Randall Victims Private
Actions Trust,

MEMORANDUM DECISION
AND ORDER

Plaintiff,

Case No. 2:14-cv-00575-JNP-PMW

v.
UNION CENTRAL LIFE INSURANCE
COMPANY,

District Judge Jill N. Parrish
Magistrate Judge Paul M. Warner

Defendant.

District Judge Jill N. Parrish referred this case to Magistrate Judge Paul M. Warner
pursuant to 28 U.S.C. § 636(b)(1)(A).1 Before the court is nonparty Kyle J. Christensen’s
motion to quash a deposition subpoena from Plaintiff Gil Miller (“Plaintiff”) acting in his
capacity as trustee of the Randall Victims Private Actions Trust (the “RVPAT”). Plaintiff failed
to respond to the motion to quash.

As such, the court must rely on the assertions and

representations in Mr. Christensen’s motion.
“[A] party or attorney responsible for issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or expense on a person subject to the
subpoena.” Fed. R. Civ. P. 45(d)(1). Here, Plaintiff’s subpoena seeks a large number of
documents over a lengthy time period.

The fact that Plaintiff addressed a portion of the

subpoena to “Ira J. Sorenson,” an unrelated third party, indicates Plaintiff is copying and pasting,
rather than narrowly tailoring.

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Docket nos. 22 & 39.

Accordingly, Mr. Christensen’s motion to quash is GRANTED.
request for an award of attorney’s fees and costs is also GRANTED.
37(a)(5)(A).

Mr. Christensen’s
Fed. R. Civ. P.

Mr. Christensen shall file an affidavit and cost memorandum detailing the

reasonable expenses, including attorney’s fees, incurred in bringing the underlying motion.
Within fourteen (14) days of Mr. Christensen’s filing the cost memorandum, Plaintiff shall file a
written response, if any.
IT IS SO ORDERED.
DATED this 21st day of November, 2016.
BY THE COURT:

PAUL M. WARNER
United States Magistrate Judge

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