Gronik et al v. Balthasar et al

Filing 440

ORDER signed by Judge Lynn Adelman on 4/9/13 denying 421 Motion to Quash. (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAVID S. GRONIK, JR., et al.,
Plaintiffs,
v.

Case No. 10-CV-00954

NORMAN BALTHASAR, et al.,
Defendants and
Third-Party Plaintiffs,
v.
SHOREWEST REALTORS, INC., et al.,
Third-Party Defendants.
and
OPIO BOAT MOON, LLC, et al.,
Plaintiffs,
v.

Case No. 11-CV-697

CHUBB INDEMNITY INSURANCE COMPANY,
Defendant.

DECISION AND ORDER
Plaintiffs’ move to quash the deposition subpoena issued to third-party witness Tom
Branigan. Branigan is the Chief Executive Officer of Branigan Communications, a
Milwaukee-based communications firm that plaintiff David Gronik has worked with in the
past and hired to handle the media relations related to this case. Defendants Susan
Balthasar and the estate of Norman Balthasar wish to depose Branigan so they can ask
about his work with plaintiffs and follow-up on documents produced by Branigan that
include admissions by plaintiffs relevant to this case. Because Branigan has not objected

to the deposition and plaintiffs do not claim to have a privacy interest in the information
Branigan will disclose, I will deny the motion to quash the subpoena. See 9A Charles Alan
Wright & Arthur R. Miller, Federal Practice and Procedure § 2459 (3d Ed. 2008) (“Ordinarily
a party has no standing to seek to quash a subpoena issued to someone who is not a party
to the action, unless the objecting party claims some personal right or privilege with regard
to the documents sought.”). Plaintiffs’ only objection to the subpoena is that it constitutes
improper harassment of Branigan because he has no firsthand knowledge of the events
at issue in this case. This claim should be made by Branigan himself.
THEREFORE, IT IS ORDERED that plaintiff’s expedited non-dispositive motion to
quash the deposition subpoena of Tom Branigan (Docket #421) is DENIED.
Dated at Milwaukee, Wisconsin, this 9th day of April 2013.

s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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