Hearts With Haiti, Inc. v. Kendrick, CV-16-0313
Decision Date | 06 June 2019 |
Docket Number | CV-16-0313 |
Parties | HEARTS WITH HAITI, INC, and MICHAEL GEILENFELD, Plaintiffs v. PAUL KENDRICK, Defendant |
Court | Maine Superior Court |
Before the court is plaintiffs' motion for protective order. For the following reasons, the motion is moot.
On April 10, 2019, defendant's attorney filed an application for civil out-of-state subpoena. On April 12, 2019, defendant's attorneys enclosed four third-party Maine subpoenas dated April 8, 2019 in an e-mail to plaintiffs' attorneys. Defendants' attorneys stated that defendant intended to serve subpoenas to produce documents on, among other entities, Iowa State Bank by process in Iowa. The date of the production was May 6, 2109. (Pls,' Mot. for Protective Order Ex. F.) Defendant's attorneys did not provide the court or docket number.
On April 15, 2019, the subpoena was served on Iowa State Bank. (Def.'s Ex.B.) On April 16, 2019, defendant's attorney sent plaintiffs' attorney receipt of service which included the docket number for the Iowa District Court Kossuth County. (Def.'s Ex. B.) On April 17, 2019, Iowa State Bank produced the subpoenaed documents to defendant's attorneys. (Pls.' Reply Ex. I, ¶ 7.)
On May 6, 2019, plaintiffs filed a motion to quash non-party foreign subpoena issued to Iowa State Bank. On May 13, 2019, the Iowa District Court sustained plaintiff's Motion to Quash. The court ordered that "[a]ll materials and documents produce[d] to Defendant or Defendant's counsel in response to the subpoena referenced in Plaintiff's motion shall immediately be destroyed with any copies of such materials and documents to also be destroyed." The court also ordered that "Defendant and Defendant's counsel are barred from the use of any further subpoenas without first providing proper and timely notice to Plaintiffs attorney of record." On May 14, 2019 defendant moved to set aside the order quashing subpoena and on May 23, 2019, the Iowa District Court ordered defendant's motion overruled. (Attachment to Letter from Devin Deane, Esq, dated May 23, 2019.)
Rule 45 provides that a subpoena for a commanded production of documents "shall be served on each party in the manner prescribed by Rule 5(b) at least 14 days prior to the response date set forth in the subpoena." M.R. Civ. P 45(b) (2018). Rule 5 requires service "upon each of the parties no later than the date on which the paper is filed with the court." M.R. Civ. P. 5(a) (2018); see also Phillips v. Johnson. 2003 ME 127, ¶ 24, 834 A, 2d 938 ().
The Iowa District Court ordered that all materials and documents and any copies produced to defendant or defendant's counsel in response to the subpoena must be immediately destroyed, This court will give full faith and credit to the order of the Iowa District Court. 14 M.R.S. §§ 8001-8008 (2018). The order may be enforced once the...
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