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Word of the day: QUASH
Face it, USAPA, West pilots support Leonidas.
Deal with it.
Case 2:13-cv-00471-ROS Document 168 Filed 08/22/13
No. CV-13-00471-PHX-ROS
REPLY IN SUPPORT OF MOTION
TO QUASH (Doc. 149
Excerpt:
2. Moreover, USAPA fails to refute that the Leonidas subpoena would
put an extraordinary burden on Plaintiffs and their counsel at a
most inopportune time.
The Leonidas subpoena seeks virtually every paper document and electronic file
that has any link whatsoever to Leonidas. It defines terms such as document,
Leonidas and pertaining as broadly as possible. (Doc. 149-1 at 5-6.) It demands
productions of all corporate documents and minutes, all communications to and from the
class representatives, all communications to and from anyone concerning the seniority dispute, and all materials related to collecting or expending financial contributions. (Id. at
8-9.) Whew!
If ever a subpoena was overly burdensome this one is. USAPA might as well have
asked Leonidas to produce every paper and electronic file in its possession or control.
USAPA makes such demands knowing full well that the individuals and counsel who
would have to comply with the subpoena are focused on preparing for trial on September
24 and 25, 2013.
Courts have broad discretion to determine whether a subpoena is unduly
burdensome. Exxon Shipping Co. v. U.S. Dep't of Interior, 34 F.3d 774, 779 (9th
Cir.1994). This is surely a case where the Court should exercise such discretion.
II. CONCLUSION
Leonidas, LLC, respectfully asks this Court to quash the Subpoena served on it by
USAPA on August 7, 2013.
Dated this 22nd day of August, 2013.
POLSINELLI PC
By /s/ Andrew S. Jacob
Marty Harper
Andrew S. Jacob
Jenifer Axel
Face it, USAPA, West pilots support Leonidas.
Deal with it.
Case 2:13-cv-00471-ROS Document 168 Filed 08/22/13
No. CV-13-00471-PHX-ROS
REPLY IN SUPPORT OF MOTION
TO QUASH (Doc. 149
Excerpt:
2. Moreover, USAPA fails to refute that the Leonidas subpoena would
put an extraordinary burden on Plaintiffs and their counsel at a
most inopportune time.
The Leonidas subpoena seeks virtually every paper document and electronic file
that has any link whatsoever to Leonidas. It defines terms such as document,
Leonidas and pertaining as broadly as possible. (Doc. 149-1 at 5-6.) It demands
productions of all corporate documents and minutes, all communications to and from the
class representatives, all communications to and from anyone concerning the seniority dispute, and all materials related to collecting or expending financial contributions. (Id. at
8-9.) Whew!
If ever a subpoena was overly burdensome this one is. USAPA might as well have
asked Leonidas to produce every paper and electronic file in its possession or control.
USAPA makes such demands knowing full well that the individuals and counsel who
would have to comply with the subpoena are focused on preparing for trial on September
24 and 25, 2013.
Courts have broad discretion to determine whether a subpoena is unduly
burdensome. Exxon Shipping Co. v. U.S. Dep't of Interior, 34 F.3d 774, 779 (9th
Cir.1994). This is surely a case where the Court should exercise such discretion.
II. CONCLUSION
Leonidas, LLC, respectfully asks this Court to quash the Subpoena served on it by
USAPA on August 7, 2013.
Dated this 22nd day of August, 2013.
POLSINELLI PC
By /s/ Andrew S. Jacob
Marty Harper
Andrew S. Jacob
Jenifer Axel
