United States District Court, W.D. North Carolina, Charlotte Division
S. Cayer United States Magistrate Judge
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
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 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 addressing
Plaintiff's objection to producing certain documents.
See docket entry dated February 1, 2019
(ordering Plaintiff to make production within
December 18, 2018, Defendants served their Subpoena directing
North American Rescue Products, LLC (“NAR”) to
appear for a Rule 30(b)(6) deposition and produce documents
by January 10, 2019. NAR filed this Motion to Quash.
Court has carefully considered the parties' arguments,
the authorities, and the record.
to Fed.R.Civ.P. 45(d)(3)(A), the court for the district where
compliance is required must quash or modify a subpoena that:
(iii) requires disclosure of privileged or other protected
matter, if no exception or waiver applies; or
(iv) subjects a person to an undue burden.
(B) and (C) provide:
(B) To protect a person subject to or affected by a subpoena,
the court for the district where compliance is required may,
on motion, quash or modify the subpoena if it requires:
(i) disclosing a trade secret or other confidential research,
development, or commercial information; or
(ii) disclosing an unretained expert's opinion or
information that does not describe specific occurrences in
dispute and results from the expert's study that was not
requested by a party.
(C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the court may,
instead of quashing or modifying a subpoena, order appearance
or production under specified conditions if the serving
(i) shows a substantial need for the testimony or material
that cannot be otherwise met ...