United States District Court, N.D. Oklahoma
OPINION AND ORDER
H. McCARTHY UNITED STATES MAGISTRATE JUDGE.
Travelers Property Casualty Company of America's
(Travelers) Motion to Quash Plaintiff's Subpoena for
Production of Record from a Non-Party, [Dkt. 40], and
Non-Party, R. Stratton Taylor's Motion to Quash the
Subpoena for Production of Records From Non-Party, [Dkt. 41]
is before the court for decision. The matters have been fully
briefed. [Dkt. 40, 52, 49, 55 and 41, 48');">48, 51].
issued a subpoena to non-party attorney R. Stratton Taylor
seeking production of:
A copy of all depositions taken by Plaintiff in the case of
Nickie Amber O'Brien v. Travelers Property Casualty Co of
America dba Travelers, Travelers Insurance Companies et al,
United State [sic] District Court of the Western District of
Oklahoma, No. 5: 16-CV-1176
[Dkt. 41-1, p. 2');">p. 2]. Mr. Taylor seeks to quash the subpoena for
the following reasons:
1. the subpoena was not properly served;
2. the information sought is protected by an agreed
protective order in the O'Brien case;
3. the depositions would have to be redacted of confidential
and protected information, resulting in undue burden and
expense for a non-party;
4. the subpoena is overly broad in that it seeks production
of all depositions taken by Plaintiff in the O'Brien case
without any indication that the depositions are relevant to
the instant case;
5. the subpoena appears to attempt to avoid the expense of
obtaining deposition copies upon payment of fees to the court
reporter as required by Fed.R.Civ.P. 30(f)(3).
response Plaintiff admits the subpoena was not properly
served, but asserts that the method of service used,
certified mail return receipt requested, gave actual notice
of the subpoena such that it should not be quashed. Plaintiff
also states that if the subpoena is quashed for lack of
service, he will “simply turn around and serve Taylor
as may be required.” [Dkt. 48');">48, p.4]. Although Mr.
Taylor received actual notice of the subpoena, the court does
not countenance the use of alternative methods of service.
Since the court concludes that the subpoena should be quashed
in any event, the merits of the motion will be addressed.
asserts that even if the depositions in the O'Brien case
are subject to a protective order that is no obstacle to
production of the depositions because there is also a
protective order in place in this case. Plaintiff has not
provided any citation to authority suggesting that this court
can relieve parties or counsel of their obligations under a
protective order issued by a judge in a different
case.[1" name="FN1" id=
"FN1">1] To pursue this discovery, Plaintiff must
first seek relief from the protective order before the court
that entered the protective order. See Ross v. Pioneer
Life, No. 07-MC-18-TCK-FHM (N.D. Okla. 2007) Docket No.
22 (September 21, 2007) and Docket No. 32 (November 19,
2007), 2007 WL 4150957. Since the documents sought appear to
be subject to a protective order entered in a different case,
it is appropriate to quash the subpoena.
Travelers seeks to quash the subpoena to the attorney it
retained to defend it in the O'Brien case on the basis
that the requested depositions have no possible bearing on
any claim or defense in this litigation. Plaintiff explains
that his request involves deposition transcripts in the
O'Brien case of Travelers' employees who were also
involved in reviewing Plaintiff's claims and the
transcripts of those of Travelers' employees who have
dealt with similar issues. Plaintiff also contends this case and
the O'Brien case contain the same issues.
court finds that deposition transcripts of Travelers'
employees who actually handled Plaintiff's case are
relevant for discovery purposes. However, Plaintiff has made
no effort to explain how depositions of employees who were
not involved with Plaintiff's claim, but who have dealt
with similar issues, would serve the needs of the case.
Therefore, if the court that issued the protective order in
the O'Brien case lifts the protective order to permit
production of any deposition transcripts, only those
transcripts that involve the same employees who ...