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Court Rejects Plaintiff’s Arguments for Quashing Employer Third Party Subpoena: eDiscovery Case Law

Speaking of Rule 45 and non-party subpoenas, here’s a ruling involving that very topic…

In Pfaff, et al. v. Merck & Co., et al., No. 20-mc-80148-AGT (N.D. Cal. Sept. 28, 2020), California Magistrate Judge Alex G. Tse denied the plaintiff’s motion to quash a subpoena on the company at which the plaintiff’s husband (the subject of a products liability and wrongful death action related to his suicide allegedly being caused by his use of Merck’s prescription drug Propecia), finding “The documents that Merck seeks from Trace3 are relevant to the parties’ claims and defenses.”

Case Background

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In a products liability and wrongful death action pending in another district court, the plaintiff, on behalf of herself, her children, and the family trust, alleged that her husband committed suicide in 2013 due to his use of the defendant’s prescription drug Propecia. As part of discovery, the defendant notified the plaintiff of its intention to serve a document subpoena on Trace3, Inc., the California-based company at which the husband was president until shortly before his death. The plaintiffs responded by moving to quash the Trace3 subpoena in the court for the district where compliance with the subpoena was required.

Judge’s Ruling

Judge Tse began by stating: “Having considered the motion to quash, the Court denies it for the following reasons”:

So, what do you think?  Is a protective order sufficient to protect privacy concerns in a case like this?  Please share any comments you might have or if you’d like to know more about a particular topic.

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Case opinion link courtesy of eDiscovery Assistant.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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