TechINT Solutions Group, LLC v. Sasnett

Filing 80

MEMORANDUM OPINION & ORDER granting in part, denying in part 59 MOTION to Quash Third Party Subpoena Duces Tecum and for Protective Order filed by Kevin J. Lutz. Signed by Magistrate Judge Joel C. Hoppe on 7/20/18. (kld)

7/20/18
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
Harrisonburg Division
TECHINT SOLUTIONS GROUP, LLC.,
Plaintiff,
v.
BRANDON SASNETT,
Defendant.

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Civil Action No. 5:18-cv-00037
MEMORANDUM OPINION & ORDER
By:

Joel C. Hoppe
United States Magistrate Judge

This matter is before the Court on non-party Kevin Lutz’s (“Lutz”) motion to quash
Plaintiff TechINT’s third-party subpoena duces tecum and motion for a protective order
(“motion”). ECF No. 59. The Court held a hearing on July 19, 2018, and the motion has been
fully briefed, ECF Nos. 60, 71, 72, and is ripe for review. The Federal Rules of Civil Procedure
allow the Court to quash or modify a subpoena. Fed. R. Civ. P. 45(d)(3). For the reasons stated
on the record, the motion is GRANTED IN PART and TechINT’s subpoena duces tecum is
modified as follows:
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Request 1 is narrowed to exclude communications discussing purely personal matters
(family pets, weddings, etc.) and privileged communications, as identified in Lutz’s
privilege log, ECF No. 72-3. Lutz shall produce the requested communications with
Defendant Brandon Sasnett (“Sasnett”) from September 1, 2017, through the present,
regarding work or future-work plans.

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Requests 2, 3, and 4 all seek information regarding the kind and/or type of work Lutz has
engaged in since his employment with TechINT ended. Lutz shall produce documents
responsive to these requests regarding work performed with, or arranged or solicited by,
Sasnett from September 1, 2017, through the present.

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Request 5 is sufficient as written. To the extent Lutz has documents responsive to this
request in his control, he shall produce them.

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Lutz shall make these productions by August 8, 2018.
All other relief requested in the motion is hereby DENIED.
It is so ORDERED.
The Clerk shall deliver a copy of this Order to the parties.
ENTER: July 20, 2018

Joel C. Hoppe
United States Magistrate Judge

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