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Nunnery v. Plains Transportation

February 13, 2006

BRIAN NUNNERY AND KAREN NUNNERY PLAINTIFFS,
v.
PLAINS TRANSPORTATION, INC., A TEXAS CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Magistrate Judge Patricia A. Coan

ORDER re: Tax Returns

The matter now before the court in this motor vehicle accident case is that portion of defendant's Motion for Protective Order [filed on behalf of Dr. Dinenberg], Doc. # 25, concerning tax returns produced for in camera inspection, which was taken under advisement at the hearing this date.

Plaintiff served a subpoena duces tecum on Dr. Dinenberg on December 24, 2005 which asked Dr. Dinenberg to produce, inter alia, "[b]usiness schedule tax returns for the years 1999 through 2004. . ." See Notice to Produce and Subpoena attached as Exhibits 2 and 3 to Def. Motion for Protective Order. I ordered the tax returns produced for in camera inspection. See February 6, 2006 Minute Order.

Having now reviewed all the documents produced, which are Stephen Dinenberg, M.D. P.C.'s corporate tax returns for the years 1999-2004, I find that the information contained in the returns is irrelevant to plaintiff's purpose of showing improper motive or intent. The Court finds that it is not possible to discern Dr. Dinenberg's sources of income, other than his income as a corporate officer, from reviewing the returns. Accordingly, it is hereby

ORDERED that the portion of defendant's Motion for Protective Order, Doc. # 25, concerning Dr. Dinenberg's corporate tax returns is granted. Dr. Dinenberg's corporate tax returns are not to be produced.

Patricia A. Coan Magistrate Judge

20060213

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