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Knight v. Turbomeca

February 28, 2006

SUSAN L. KNIGHT, PLAINTIFF,
v.
TURBOMECA, S.A., TURBOMECA ENGINE CORPORATION, ROBERTS AIRCRAFT CO. AND HELI-SUPPORT, INC., DEFENDANTS.



The opinion of the court was delivered by: Senior District Judge Richard P. Matsch

ORDER ON PLAINTIFF'S MOTION FOR PROTECTIVE ORDER

On February 27, 2006, the plaintiff filed a motion for protective order asking this court to hold invalid a subpoena directed to Dr. Richard McSwain from the United States District Court for the Northern District of Florida, which subpoena requires the production of documents. The motion also refers to a notice of deposition regarding the same witness and documents. The request in the motion for protective order is that this court hold the subpoena invalid and allow the deposition to proceed in accordance with an agreement between counsel regarding what documents should be produced. The form of proposed protective order submitted with the motion provides that the notice of video tape deposition duces tecum is found to be null and void. It is apparently the purpose of the plaintiff to enforce that agreement with respect to Item 5 in the attachments to the subpoena and the notice. The correct procedure for requiring the deponent to appear and provide documents is the issuance of a subpoena from the Florida court since Dr. McSwain is not a party to this case. The deponent, apparently through plaintiff's counsel, has made objection to the subpoena and the appropriate procedure for dealing with any objection is a motion to compel filed in the court from which the subpoena issued, not this court. Similarly, this court cannot invalidate a subpoena issued from another court. Because of these procedural irregularities, it is

ORDERED that the plaintiff's motion for protective order is denied.

Richard P. Matsch, Senior District Judge

20060228

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