Post Process

Everything to do with E-discovery & ESI

Case Blurb: U & I; Court wants Producing Party to clearly demonstrate irrelevance

Posted by rjbiii on December 5, 2007

[Producing Party] U & I argues in its motion for protective order that requiring [third party] Zimmer Spine to comply with the subpoena would be unduly burdensome, basically because the parties have already exchanged over 6,000 pages during discovery. U & I does not specify how Zimmer Spine’s compliance with a subpoena that AMD propounded would impact or burden U & I. Instead, U & I submits that the requests are irrelevant because U & I preserved AMD’s contractual rights in its distribution agreement with Zimmer Spine.
As a party to the case, U & I has standing to move for a protective order under Rule 26, Fed.R.Civ.P., if the subpoena seeks irrelevant information. See Auto-Owners Ins. Co. v. Southeast Floating Docks, Inc., 231F.R.D. 426, 429-30 (M.D.Fla.2005). Nevertheless, the party seeking a protective order still has the burden to demonstrate good cause, and must make a “particular and specific demonstration of fact as distinguished from stereotyped and conclusory statements” supporting its need for the protective order.

U & I has not demonstrated good cause for the protective order it seeks…

U & I Corp. v. Advanced Medical Design, Inc., 2007 WL 4181900 (M.D.Fla. Nov. 26, 2007) (internal citations removed, emphasis in the original)


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