Opinion
CIVIL ACTION NO. 3:09-cv-286 CIVIL ACTION NO. 3:09-cv-0291 CIVIL ACTION NO. 3:09-cv-0357 CIVIL ACTION NO. 3:09-cv-0630
01-06-2015
FLORENCE WALLACE, et al., Plaintiffs, v. ROBERT J. POWELL, et al., Defendants. WILLIAM CONWAY, et al., Plaintiffs, v. MICHAEL T. CONAHAN, et al., Defendants. H.T., et al., Plaintiffs, v. MARK A. CIAVARELLA, JR., et al., Defendants. SAMANTHA HUMAN IK, Plaintiff, v. MARK A. CIAVARELLA, JR., et al., Defendants.
() MEMORANDUM ORDER
Before me is the Motion to Quash Defendant Robert Powell's ("Powell") Subpoenas Directed to Gregory Zappala ("Zappala"), William Brucker ("Brucker"), and Patrick Owens ("Owens"). (Doc. 1607.) The subpoenas command Zappala, Brucker, and Owens to appear to testify at trial in this action on January 12, 2015. Zappala, Brucker, and Owens are directed to bring "[a]ny records reflecting that you ever believed at the time of placement that juveniles in PACC or WPACC facilities had been deprived of their civil rights." (Doc. 1607, Exs. 1-3.) Zappala and Brucker are also directed to bring "[a]ny documentation relating to or referring to the meeting referenced . . . on p. 67, line 8 et seq." of Zappala's September 18, 2014 deposition. (Id. at Exs. 1-2.) Lastly, Brucker is instructed to bring "[a]ll correspondence from you to the media related to the allegations of this case and the related criminal investigations involving Judge Ciavarella, including without limitation emails from you in response to media inquiries." (Id. at Ex. 2.) In seeking to quash the subpoenas, Zappala, Brucker, and Owens raise, among other arguments, that the requests seek privileged and/or irrelevant information and will subject them to undue burden.
The motion to quash will be denied. With respect to documents reflecting any belief at the time of placement that juveniles in the PACC or WPACC facilities had been deprived of their civil rights, the request is narrow and unambiguous. Moreover, Powell's request does not seek inadmissable legal opinion evidence, nor is the request unduly burdensome.
Second, the motion to quash the request for documents relating to a spring 2009 meeting on privilege grounds will be denied at this time. Rather, I will review these documents in camera to determine whether they are entitled to work product protection. Zappala and Brucker shall submit such documentation for review on or before January 12, 2015.
Lastly, Brucker's request to quash the subpoena relating to correspondence with the media will be denied. Brucker indicates that only one correspondence is responsive to this request. Therefore, the subpoena is not unduly burdensome.
Accordingly, IT IS HEREBY ORDERED that the Motion to Quash Defendant Robert Powell's Subpoenas Directed to Gregory Zappala, William Brucker, and Patrick Owens (Doc. 1607) is DENIED. Zappala and Brucker shall submit documentation relating to the spring 2009 meeting for in camera review on or before January 12, 2015. January 6, 2015
Date
/s/_________
A. Richard Caputo
United States District Judge