Miller v. Union Central Life Insurance Company et al, No. 2:2014cv00575 - Document 73 (D. Utah 2016)
Court Description: MEMORANDUM DECISION and order GRANTING 70 Motion to Quash. Mr. Christensens request for an award of attorneys fees and costs is also GRANTED. Fed. R. Civ. P. 37(a)(5)(A). Mr. Christensen shall file an affidavit and cost memorandum detailing thereasonable expenses, including attorneys fees, incurred in bringing the underlying motion. Within fourteen (14) days of Mr. Christensens filing the cost memorandum, Plaintiff shall file a written response, if any. IT IS SO ORDERED. Signed by Magistrate Judge Paul M. Warner on 11/21/16. (jlw)
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Miller v. Union Central Life Insurance Company et al Doc. 73 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION GIL A. MILLER, in his capacity as the Trustee of the Randall Victims Private Actions Trust, MEMORANDUM DECISION AND ORDER Case No. 2:14-cv-00575-JNP-PMW Plaintiff, v. UNION CENTRAL LIFE INSURANCE COMPANY, District Judge Jill N. Parrish Magistrate Judge Paul M. Warner Defendant. District Judge Jill N. Parrish referred this case to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. § 636(b)(1)(A).1 Before the court is nonparty Kyle J. Christensen’s motion to quash a deposition subpoena from Plaintiff Gil Miller (“Plaintiff”) acting in his capacity as trustee of the Randall Victims Private Actions Trust (the “RVPAT”). Plaintiff failed to respond to the motion to quash. As such, the court must rely on the assertions and representations in Mr. Christensen’s motion. “[A] party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.” Fed. R. Civ. P. 45(d)(1). Here, Plaintiff’s subpoena seeks a large number of documents over a lengthy time period. The fact that Plaintiff addressed a portion of the subpoena to “Ira J. Sorenson,” an unrelated third party, indicates Plaintiff is copying and pasting, rather than narrowly tailoring. 1 Docket nos. 22 & 39. Dockets.Justia.com Accordingly, Mr. Christensen’s motion to quash is GRANTED. request for an award of attorney’s fees and costs is also GRANTED. 37(a)(5)(A). Mr. Christensen’s Fed. R. Civ. P. Mr. Christensen shall file an affidavit and cost memorandum detailing the reasonable expenses, including attorney’s fees, incurred in bringing the underlying motion. Within fourteen (14) days of Mr. Christensen’s filing the cost memorandum, Plaintiff shall file a written response, if any. IT IS SO ORDERED. DATED this 21st day of November, 2016. BY THE COURT: PAUL M. WARNER United States Magistrate Judge 2
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