Filed: Jan. 24, 2012
Latest Update: Jan. 24, 2012
Summary: ORDER (Motion to Quash-#447) ROGER L. HUNT, District Judge. Before the Court is Plaintiff Federal Trade Commission's ("FTC") Motion to Quash (#447, filed Jan. 23, 2011). On January 12, 2012, Defendant Jeremy Johnson emailed Collot Guerard with a subpoena requiring her to appear at a court-ordered hearing on January 25 to testify in this matter. The Court has not scheduled a hearing in this matter for January 25, though it does have a hearing scheduled for the following day. After failing to
Summary: ORDER (Motion to Quash-#447) ROGER L. HUNT, District Judge. Before the Court is Plaintiff Federal Trade Commission's ("FTC") Motion to Quash (#447, filed Jan. 23, 2011). On January 12, 2012, Defendant Jeremy Johnson emailed Collot Guerard with a subpoena requiring her to appear at a court-ordered hearing on January 25 to testify in this matter. The Court has not scheduled a hearing in this matter for January 25, though it does have a hearing scheduled for the following day. After failing to ..
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ORDER (Motion to Quash-#447)
ROGER L. HUNT, District Judge.
Before the Court is Plaintiff Federal Trade Commission's ("FTC") Motion to Quash (#447, filed Jan. 23, 2011).
On January 12, 2012, Defendant Jeremy Johnson emailed Collot Guerard with a subpoena requiring her to appear at a court-ordered hearing on January 25 to testify in this matter. The Court has not scheduled a hearing in this matter for January 25, though it does have a hearing scheduled for the following day. After failing to convince Johnson to voluntarily withdraw the subpoena, the FTC filed this motion.
The Court grants the motion for two reasons: (1) there is no hearing scheduled on January 25 and thus the subpoena is improperly noticed; and (2) at this time it would be improper to allow Johnson to illicit testimony from opposing counsel. The Court is unaware of any attempt on Johnson's part to meet the high burden courts impose on parties seeking testimony from opposing counsel. See, e.g., Shelton v. Am. Motors Corp., 805 F.2d 1323, 1327 (8th Cir. 1986). Until a party meets this burden, the Court will not condone subpoenas against opposing counsel in this matter.
CONCLUSION
Accordingly, and for good cause appearing,
IT IS HEREBY ORDERED that the FTC's Motion to Quash (#447) is GRANTED.
