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Composite Resources Inc v. Combat Medical Systems LLC

United States District Court, W.D. North Carolina, Charlotte Division

February 8, 2019

COMPOSITE RESOURCES INC., Petitioner,
v.
COMBAT MEDICAL SYSTEMS LLC AND ALPHAPOINTE, Respondents,
v.
NORTH AMERICAN RESCUE PRODUCTS LLC, Respondent.

          ORDER

          David S. Cayer United States Magistrate Judge

         THIS 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 exhibits.

         This 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 fourteen days).

         On 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.

         The Court has carefully considered the parties' arguments, the authorities, and the record.

         Pursuant 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.

         Subsections (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 party:
(i) shows a substantial need for the testimony or material that cannot be otherwise met ...

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