REONA J. DALY, Magistrate Judge.
This matter is before the Court on Defendants' Motion to Quash Subpoenas (Doc. 132). For the reasons set forth below, the Motion is
Plaintiff Christopher Novus Davis brings this action pursuant to 42 U.S.C. § 1983 alleging his constitutional rights were violated while he was detained at Chester Mental Health Center ("CMHC"). In his amended complaint, Plaintiff alleged he was physically attacked by CMHC employees Lucas Nanny, Tom Nordsman, Josh Rackley, and Terry Stewart on December 26, 2011, without provocation or justification. Plaintiff is currently proceeding on the following claims:
Current counsel for Plaintiff was appointed on September 29, 2017, after Plaintiff's former counsel was allowed to withdraw (Docs. 112, 115). Soon after his appointment, counsel, on behalf of Plaintiff, sought to reopen fact discovery for sixty days, indicating that "no depositions of any defendants or other potential witnesses have been taken in this case" (Doc. 123). Following a status conference held on November 7, 2017, the undersigned granted Plaintiff's motion to reopen discovery, setting the discovery deadline for January 8, 2018 (Doc. 125). The parties jointly moved to extend the discovery deadline on December 28, 2017, in order to complete Defendants' depositions (Doc. 126). On January 2, 2018, the Court granted the motion, extending the discovery deadline to February 2, 2018 (Doc. 128).
On January 25, 2018, the Court held a discovery dispute conference to discuss recent subpoenas issued by counsel for Plaintiff. The Court directed Defendants to file a motion to quash. Defendants filed their Motion to Quash on January 26, 2018 (Doc. 132). Plaintiff filed his response thereto on January 30, 2018 (Doc. 133).
Defendants seek to quash the following: (1) a subpoena for a Fed. R. Civ. P. 30(b)(6) deposition directed to CMHC; (2) a subpoena directed to CMHC for the production of documents; and (3) subpoenas for the depositions of eleven non-party witnesses
Defendants ask the Court to quash the Rule 30(b)(6) and document production subpoenas directed to CMHC because the deposition and document production topics are outside the scope of intended discovery, overly broad, and irrelevant to the claims in this matter. Plaintiff disagrees, and contends that Defendants do not have standing to quash the subpoenas on the grounds set forth in their motion.
As a general rule, a party can move to quash a subpoena issued to a nonparty only if the party has a claim of privilege, privacy, or other personal right with regard to the documents sought. See, e.g., United States v. Raineri, 670 F.2d 702, 712 (7th Cir. 1982) ("A party has standing to move to quash a subpoena addressed to another if the subpoena infringes upon the movant's legitimate interests."); Malibu Media, LLC v. John Does 1-14, 287 F.R.D. 513, 516 (N.D. Ind. 2012). Defendants do not claim that any purported privilege, privacy interest, or other personal right is implicated here; rather, they simply claim that the subpoenas are burdensome and seek irrelevant information. Accordingly, Defendants have not established sufficient standing to challenge the subpoenas on these grounds.
The Court, however, is inclined to exercise its authority under Rule 26 to limit the scope of discovery here
Defendants also request that the Court quash Plaintiff's eleven subpoenas for non-party witness depositions. Defendants contend that these subpoenas should be quashed because they go beyond the limited scope of discovery allowed in this case (in light of the Court's order reopening the same), violate Rule 30's deposition limit, and subject Defendants to an undue burden. The Court disagrees.
First, the Court's Order reopening discovery did not place precise limitations on the allowable scope and, notably, Plaintiff indicated his motion that "no depositions of any defendants or other potential witnesses have been taken in this case." Further, Plaintiff correctly points out that the witnesses whose depositions he seeks were specifically identified by Defendants as witnesses who will, or may, be called to testify at trial