Opinion
Civil Action No. 04-CV-74614-DT.
October 3, 2006
OPINION AND ORDER GRANTING NON-PARTY GAMBRO HEALTHCARE INC.'S MOTION FOR PROTECTIVE ORDER BROUGHT PURSUANT TO FRCP 45(C)(3)(A) (DOCKET # 36)
On August 1, 2006 non-party Gambro Healthcare, Inc. ("Gambro") filed a Motion for a Protective Order pursuant to Federal Rules of Civil Procedure 45(c)(3)(A) (Docket # 36). Plaintiff responded to Gambro's motion on August 10, 2006. District Court Judge Victoria A. Roberts referred said motion to the undersigned for hearing and determination pursuant to 28 U.S.C. § 636(b)(1)(A). Plaintiff and Gambro appeared through counsel for oral arguments on September 26, 2006. This motion is now before this Court.
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Gambro seek an order quashing or modifying Plaintiff's subpoenas dated 5/15/06 and 7/18/06 wherein Plaintiff seeks the production of certain documents. Specifically, Gambro contends that Plaintiff's subpoena requests are overly broad and unduly burdensome and should either be quashed or more narrowly tailored. Plaintiff responds that it cannot tailor its requests as suggested by Gambro and that Gambro has not shown that its compliance with Plaintiff's subpoena requests would be unduly burdensome. Plaintiff also seeks sanctions against Gambro for its failure to comply with Plaintiff's subpoena requests.
Based upon the parties' pleadings and arguments at the hearing, the Court hereby GRANTS Gambro's Motion for a Protective Order (Docket # 36) for the reasons stated on the record at the September 26, 2006 hearing.
The Court therefore ORDERS the following:
1. Plaintiff's subpoena issued to Gambro and dated 5/15/06 is hereby QUASHED.
2. Plaintiff's subpoena issued to Gambro and dated 7/18/06 is hereby MODIFIED as follows pursuant to the parties' discussion on the record at the September 26, 2006 hearing:
a. Plaintiff's Request for Production of Documents no. 1 is STRICKEN in its entirety.
b. Plaintiff's Request for Production of Documents no. 2 is AMENDED to read: (i) "Any documentation establishing the dates of Gambro Healthcare's involvement with the Four Seasons Nursing Center's Dialysis Unit/Project; (ii) "Any documentation relative to Gambro Healthcare's repair to or installation of the water distribution system of the Four Seasons Nursing Center's Dialysis Unit/Project from October 2001 through May 2004; and (iii) "Any written correspondence between Defendants, their agents and employees, and Gambro Healthcare, between April 2002 and January 2004, wherein Gambro Healthcare identifies problems and issues with the Four Seasons Nursing Center's Dialysis Unit/Project and water treatment system and makes recommendations to the Defendants to ameliorate said problems and issues.
c. Plaintiff's Request for Production of Documents no. 3 is AMENDED to read: "Any and all logs or records (originals or copies) applicable to all water culture samples and/or testing regarding the Four Seasons Nursing Center Dialysis Unit/Project from October 2001 through May 2004."
The Court further ORDERS Gambro to respond to Plaintiff's modified Subpoena dated 7/18/06 on or before October 26, 2006 in manner consistent with this Order.
The Court hereby DENIES Plaintiff's request sanctions against Gambro. The Court, in its discretion, concludes that the facts presented on the record do not warrant the imposition of sanctions at this time.
IT IS SO ORDERED.