JENNIFER C. BOAL, Magistrate Judge.
Defendants Xiaolong Wang ("Wang") and Cecei Chen ("C. Chen") (collectively, the "Defendants") have moved to quash a subpoena served on Speedy Tax seeking their tax records and other related documents. Docket No. 63.
From February 2008 to August 2011, Wang worked for Enargy as the director of Enargy's research and development department. Docket No. 8-1 ¶ 6. Wang and Enargy agreed on an annual salary of $200,000 and a five-year term of employment.
While with Enargy, Wang led the design and development of a "unique and customized high density DC/DC [power] converter [(the "PH Project")] to be used in specialized aircraft." Docket No. 8-1 ¶ 7. Wang worked on the PH Project as well as a similar project called the "Five Series Project."
Over time, the relationship between Enargy and Wang deteriorated. Docket No. 17-1 ¶¶ 30-39. Wang stopped working for Enargy in or about August 2011. Docket No. 8-1 ¶ 33. Plaintiffs allege that, prior to his departure, Wang, from his home in Canton, Massachusetts, instructed other Enargy employees to transmit the PH Project and Five Series Project files to him.
Wang's wife, C. Chen, worked as treasurer for Enargy's Massachusetts corporation. Plaintiffs allege that C. Chen wrongfully removed $330,000 from the corporate bank account.
On June 5, 2013, Plaintiffs filed a complaint against Wang and C. Chen, Docket No. 1, which was subsequently amended twice. Docket Nos. 6, 36. In their second amended complaint, Plaintiffs bring claims alleging,
On June 25, 2014, the Plaintiffs issued a subpoena to Speedy Tax seeking "all DOCUMENTS and COMMUNICATIONS that constitute, reflect, discuss and/or RELATE TO [Wang's and C. Chen's] personal tax returns for the year (sic) of 2007 to 2013." Docket No. 63-1 at 5. Defendants moved to quash the subpoena on July 24, 2014. Docket No. 63. Plaintiffs filed an opposition to Defendants' motion to quash on August 4, 2014. Docket No. 67. The Court heard oral argument on September 16, 2014.
"Discovery procedures set forth in the Federal Rules of Civil Procedure seek to further the interests of justice by minimizing surprise at trial and ensuring wide-ranging discovery of information."
There are limits, however, on the scope of discovery. A court must limit discovery if it determines that the discovery sought is (1) unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (2) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or (3) the burden or expense of the proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the litigation, and the importance of the projected discovery in resolving the issues.
A Rule 45 subpoena must fall within the scope of proper discovery under Fed. R. Civ. P. 26(b)(1).
The subpoena to Speedy Tax seeks the Defendants' tax returns for the years 2007 to 2013 and other documents concerning such tax returns.
Plaintiffs argue that the tax returns are relevant because they may lead to the discovery of information concerning monies received by the Defendants from the alleged sale of Plaintiffs' trade secrets.
First, while Mr. Wang's tax returns themselves may contain some relevant information, the subpoena seeks not only the tax returns but also other documents and communications "related to" the tax returns. Plaintiffs have not shown that any such documents would lead to the discovery of admissible evidence in this action. In addition, this Court has already found that the Plaintiffs are not entitled to each and every document identifying Wang's sources of income. Docket No. 49 at 7. Further, the Plaintiffs have not shown that C. Chen's tax returns are relevant.
For the foregoing reasons, this Court grants the Defendants' motion to quash.