Boynton v. Headwaters Inc.

Full title: PHILIP E. BOYNTON, et al. Plaintiffs, HEADWATERS, INC., et al, Defendants

Court: United States District Court, D. Utah

Date published: Dec 11, 2003

Misc. Case No. 2:02 CV 01081 DB; Action Pending as No. 1-02-1111 before the United States District for the Western District of Tennessee, Eastern Division (D. Utah Dec. 11, 2003)

Opinion

Misc. Case No. 2:02 CV 01081 DB; Action Pending as No. 1-02-1111 before the United States District for the Western District of Tennessee, Eastern Division

December 11, 2003

John T. Anderson ANDERSON KARRENBERG, Salt Lake City, Utah, for Phillip E. Boynton, et al.

David R. Wright, WORKMAN NYDEGGER, for Movants

ORDER (1) GRANTING IN PART AND DENYING IN PART THE MOTION TO QUASH THE SUBPOENA ISSUED TO WORKMAN, NYDEGGER SEELEY; AND (2) DENYING THE MOTION FOR PROTECTIVE ORDER

DEE BENSON, Chief Judge, District

THIS MATTER is before the Court on the motions of Headwaters Incorporated ("Headwaters") and Workman, Nydegger Seeley (now known as and referred to hereinafter as "Workman Nydegger") for entry of (1) an order pursuant to Fed.R.Civ.P. 45(c)(3)(A) that the subpoena duces tecum issued to Workman Nydegger (the "Subpoena") be quashed and (2) a protective order under Fed.R.Civ.P. 26(c)(1) that discovery directed to Workman Nydegger not be had. Having considered the oral argument and written submissions of the parties in connection with the above-referenced motions, IT IS HEREBY ORDERED that, for the reasons stated on the record, the motion to quash the Subpoena shall be and hereby is GRANTED as to document categories 2, 3, 4, 5, and 6, and DENIED as to document category 1. IT IS FURTHER ORDERED that, for the reasons stated on the record, the motion for protective order shall be and hereby is DENIED.

SO ORDERED.