Jeffrey Cole, UNITED STATES MAGISTRATE JUDGE.
The background of this case is, to say the least, curious. And sad. The plaintiff is a doctor who graduated in 2005 from the Rosalind Franklin University of Medicine and Science. ("the "University"). She then
Three years later on August 25, 2008, the University informed Dr. Uppal that it could no longer sponsor any further applications for participation in a residency program. [See Dkt. # 34, Ex. B., Letter of August 25, 2008]. The defendant amplified on the reasons for that refusal in its letter of August 12, 2009, in which the plaintiff was informed that as a consequence of her "recurrent and lengthy pattern of unacceptable conduct," which consisted of "scurrilous harassing emails to University personnel, repeated refusals to heed warnings to cease and desist, bizarre and at times threatening content of emails [to University personnel], contacts with other institutions and individuals to spread false and damaging information about the University and its personnel," the University would not sponsor her applications for a residency program. [Dkt. # 34, Ex. C](Emphasis supplied). The August 12, 2009 letter made clear that in the University's opinion, her conduct and the text of her emails to University personnel "cast grave doubt on the coherence of [the plaintiff's] thought processes and the quality of [her] judgment."
In October 2010, while on criminal probation for threats made in 2007 and 2008 — to which the August 12, 2009 letter from the University was apparently referring — Dr. Uppal was charged with and convicted of a felony for sending a letter to the White House in which she threatened to kill Rahm Emanual, President Obama's then Chief of Staff, Judge Larry Axelrod, and seven other individuals involved in two court cases in which Dr. Uppal was charged with phone harassments of former coworkers in 2007 and 2009.
In 2015, Dr. Uppal sued the University, claiming breach of fiduciary duty and breach of contract. She has since dropped the breach of contract claim, and the First Amended Complaint now charges that the University breached its alleged fiduciary duties to the plaintiff by refusing to cooperate in her application process for a post-Lutheran General residency program.
Dr. Uppal has issued a non-party subpoena to Dr. Correia on the theory that
Perhaps she has such information. But as Judge Easterbrook has said in another context, "[s]o what? ... Who cares? ... True, but irrelevant." Israel Travel Advis. Serv. v. Israel Iden. Tours, 61 F.3d 1250, 1259 (7th Cir.1995). Whatever information Dr. Correia might have about the plaintiff's conduct while at Lutheran General Hospital in 2005 is irrelevant to the claim that the University's refusal, which began in 2008 — three years after Dr. Correia terminated the plaintiff's residency — to cooperate with Dr. Uppal in securing another residency program constitutes a breach of fiduciary duty. [Dkt. #12, ¶¶ 11-12]. And that is what the plaintiff has charged.
The importance of protecting parties and non-parties from undue burden is found in various provisions of the Federal Rules of Civil Procedure. For example, Rule 26(c)(1) empowers a court to issue an order to protect a party or person from inter alia, undue burden or expense. And Rule 26(g)(1)(B)(iii) provides that every discovery request must be signed by an attorney of record and that by signing, the attorney certifies that the document is neither unreasonable nor unduly burdensome. And finally, Rule 45(d)(1) requires that attorneys responsible for serving a subpoena must avoid imposing undue burden or expense on a person subject to the subpoena. To implement this requirement, Rule 45(d)(3)(A)(iv) mandates that on timely motion a court "must quash or modify" a subpoena that "subjects a person to undue burden."
This textually mandatory requirement differs from "the discretionary language of Rule 26(c), under which a court `may make any order which justice requires to protect a party or person from... undue burden....' It is a `command [].'" Heidelberg Americas, Inc. v. Tokyo Kikai Seisakusho, Ltd., 333 F.3d 38, 41 (1st Cir.2003). See also Elliot v. Mission Trust Services, LLC, 2015 WL 1567901, 3 (N.D.Ill.2015)("The desideratum of Fed. R. Civ. P. 45 [ (d) ]is the protection of non-parties from undue burdens."); Last Atlantis Capital, LLC v. AGS Specialist Partners, 2013 WL 182792, at *1 (N.D.Ill. 2013). When making the determination of whether a person will be subjected to undue burden, courts consider a number of factors, including the person's status as a non-party, the relevance of the discovery sought, the subpoenaing party's need for the discovery, and the breadth of the request. The rationale for the undoubted solicitude accorded non-parties is that, although discovery is by definition invasive, parties to a law suit must accept its travails as a natural concomitant of modern civil litigation. Non-parties have a different set of expectations. Accordingly, concern for the unwanted burden thrust upon non-parties is a factor entitled to special weight in evaluating the balance of competing needs. Cusumano v. Microsoft Corp., 162 F.3d 708, 717 (1st Cir.1998).
Of course, non-parties are not exempt from the basic obligation of all citizens to provide evidence of which they are capable upon appropriate request. Jaffee v. Redmond, 518 U.S. 1, 9, 116 S.Ct. 1923, 135 L.Ed.2d 337 (1996). Or as Wigmore phrased it: "the public ... has a right to every man's evidence." 8 J. Wigmore, Evidence § 2192, p. 64 (3d ed.1940)). But, before anyone, party or non-party, can be
The discovery rules are not a ticket, Judge Moran has wisely observed, to an unlimited, never-ending exploration of every conceivable matter that captures an attorney's interest. Vakharia v. Swedish Covenant Hosp., 1994 WL 75055 at *2 (N.D.Ill.1994). "Parties are entitled to a reasonable opportunity to investigate the facts-and no more." Id. While information need not be admissible at trial to be relevant, a request for information must appear "reasonably calculated to lead to the discovery of admissible evidence." See Redwood v. Dobson, 476 F.3d 462, 469 (7th Cir.2007); Jackson v. N'Genuity Enterprises Co., 2010 WL 4928912, 1 (N.D.Ill. 2010).
The Supreme Court has cautioned that the requirement of Rule 26(b)(1) that the material sought in discovery be "relevant" should be firmly applied, and the district courts should not neglect their power to restrict discovery where "justice requires [protection for] a party or person from annoyance, embarrassment, oppression, or undue burden or expense.... Rule 26(c). With this authority at hand, judges should not hesitate to exercise appropriate control over the discovery process." Herbert v. Lando, 441 U.S. 153, 99 S.Ct. 1635, 60 L.Ed.2d 115 (1979). See also Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 352, 358, 98 S.Ct. 2380, 57 L.Ed.2d 253 (1978). Failure to exercise that control results in needless and enormous costs to the litigants and to the due administration of justice. Judicious use of the court's case-management authority during the litigation can also help to check overlawyering, and appropriate limits on discovery can effectively channel the efforts of counsel before excessive time and resources are expended. Montanez v. Simon, 755 F.3d 547, 552 (7th Cir.2014). Cf. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007); Frank Easterbrook, Discovery as Abuse, 69 B.U.L.Rev. 635 (1989. See also Hickman v. Taylor, 329 U.S. 495, 507-508, 67 S.Ct. 385, 91 L.Ed. 451 (1947).
And so, courts frequently restrict discovery based on relevance objections. See, e.g., Balderston v. Fairbanks Morse Engine Div. of Coltec Indus., 328 F.3d 309, 320 (7th Cir.2003); Kinkead v. Southwestern Bell Telephone Co., 49 F.3d 454, 457 (8th Cir.1995) (affirming district court's denial of motion to compel discovery based in part on irrelevance of documents in question); Diak v. Dwyer, Costello, and Knox, P.C., 33 F.3d 809, 813 (7th Cir.1994); and Detweiler Bros., Inc. v. John Graham & Co., 412 F.Supp. 416, 422 (E.D.Wash. 1976).
And finally, there is Rule 26(b)(2)(C)(iii)'s implicit requirement of
These principles compel the granting of Dr. Correia's motion to quash. It is clear on this record that the information that Dr. Correia is thought to possess regarding the plaintiff's misconduct in 2005 has nothing to do with the defendant's charged wrongdoing beginning in August 2008 and thus could not lead to the discovery of admissible evidence. Phrased differently, her knowledge of the plaintiff's difficulties in 2005 while a resident in internal medicine at Lutheran General Hospital is irrelevant to the defendant's alleged refusal to assist Dr. Uppal in 2008 in securing placement in a different residency — a refusal which appears to have been based upon Dr. Uppal's misconduct directed to employees of the University. Subjecting Dr. Correia to a deposition under these circumstances will therefore impose an undue burden on her — and a burden that is without any offsetting value to the case.
Given this disposition of Dr. Correia's motion, we need decide whether the University has standing to move to quash. It may be noted however that a number of courts have held that generally, absent an independent interest requiring protection a motion to quash or modify a subpoena must be brought by the individual to whom it was directed, and that a party lacks standing to challenge subpoenas issued to non-parties on the grounds of relevancy or undue burden. See Langford v. Chrysler Motors Corp., 513 F.2d 1121, 1126 (2nd Cir.1975); Thomas v. Marina Assoc., 202 F.R.D. 433, 434-435 (E.D.Pa.2001); Zoobuh, Inc. v. Rainbow Intern. Corp., 2015 WL 2093292, 2 (D.Utah 2015).
The Motion of Dr. Correia to Quash [Dkt. # 33] is granted.