Opinion
Case No. 10-50735.
August 12, 2010
ORDER GRANTING THIRD-PARTY STEPHEN M. FACTOR'S MOTION TO QUASH SUBPOENA
Pending before the court is third-party Stephen M. Factor's "Motion to Quash Subpoena," filed on June 18, 2010. The subject of the motion is a subpoena against Michigan Health issued by Plaintiff. Plaintiff has not filed a response, and the time for filing a response has expired. The court has read Factor's brief in support of his motion to quash and is satisfied that his assertion that the subpoena is unduly burdensome and overly broad has an adequate basis in fact and law. In the absence of a response or opposition by Plaintiff, the court will therefore grant Factor's motion. Accordingly,
IT IS ORDERED that Factor's "Motion to Quash Subpoena" [Dkt. # 1] is GRANTED.
IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 45(c)(1), expenses, costs, and attorneys fees are AWARDED against Plaintiff and to Stephen M. Factor in an amount equal to Factor's expenses, costs, and attorneys fees incurred by the filing of this motion. Factor shall file, on or before August 20, 2010, an affidavit detailing these expenses, costs, and fees. The court will then enter a separate judgment awarding them.