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York Group, Inc. v. York Southern

October 26, 2006

THE YORK GROUP, INC. PLAINTIFF
v.
YORK SOUTHERN, INC., ELLIS MELTON COMPANY, INC., MELTON COMPANY, INC., PRESLEY MELTON, MARK MELTON AND ADAM MELTON DEFENDANTS



The opinion of the court was delivered by: Garnett Thomas Eisele United States District Judge

ORDER

Presently before the Court, is Defendant Melton Company, Inc.'s ("Melton") Motion for Order Protecting Funeral Homes from York Subpoenas (hereinafter "Melton's Motion"). Although Defendant initially filed their motion pursuant to Federal Rule of Civil Procedure 26(c), Defendant has since clarified that it intended to rely on Federal Rule of Civil Procedure 45, rather than Rule 26, as the basis of its motion. Accordingly, this Court will consider Melton's Motion as a Motion for Order Modifying Subpoenas to Funeral Homes under Rule 45, as requested.

Rule 45(c)(3) provides in relevant part:

(3)(A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it

(iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or

(iv) subjects a person to undue burden.

(B) If a subpoena

(i) requires disclosure of a trade secret or other confidential research, development, or commercial information . . . the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.

Fed. R. Civ. P. 45(c)(3)(A)(iii) and (iv), (B)(i) (emphasis added).

Melton has also clarified that it does not seek to quash the entire request, but instead seeks modification of the subpoenas by striking only certain categories of document requests that are objectionable, namely Requests for Production 2, 3, 6, and 7, which request production of true and correct copies of the following:

(2) Any and all document(s) reflecting your sale of any "Horizon" casket to any consumer;

(3) Any and all invoice(s) reflecting your sale of any "Horizon" casket to any consumer; . . .

(6) Any and all document(s) pertaining to your sale of the "Horizon" casket(s) represented in the invoice(s) attached as Exhibit "B";

(7) Any and all document(s) pertaining to your return of the "Horizon" casket(s) represented in the ...


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