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Entrust DataCard Corp. v. Atlantic Zeiser

United States District Court, D. Minnesota

January 14, 2019

Entrust DataCard Corporation, Plaintiff,
v.
Atlantic Zeiser, GMBH; Atlantic Zeiser, Inc.; and Innovatime Industrie SARL; Defendants.

          ORDER

          Katherine Menendez United States Magistrate Judge

         This matter is before the Court on the Motion to Quash Lundstrom Subpoena filed by Plaintiff Entrust DataCard Corporation (“Entrust”) and Movant Robert Lundstrom. ECF No. 2. As an alternative to quashing the subpoena, Entrust and Mr. Lundstrom ask that the motion be transferred to the Middle District of Florida, where the litigation underlying the subpoena is currently pending. See Entrust DataCard Corp. v. Atlantic Zeiser, et al. (“Entrust Florida Case”), No. 3:17-cv-110-J-39MCR (M.D. Fl. Jan. 30, 2017). Atlantic Zeiser, GMBH, Atlantic Zeiser, Inc., and Innovatime Industrie SARL (collectively “Defendants”), oppose the motion to quash the subpoena and argue that it would be improper to further delay Mr. Lundstrom's deposition by transferring this matter to the Florida court. The Court heard argument in this matter on January 7, 2019, and has communicated with United States Magistrate Judge Monte C. Richardson of the Middle District of Florida regarding this litigation. For the reasons discussed below, Entrust and Mr. Lundstrom's motion is denied and the Court orders that Mr. Lundstrom's deposition must be taken within twenty-one days from the date of this Order.

         In the underlying Florida litigation, Entrust alleges that the Defendants are infringing two of Entrust's patents for “card personalization machines, which are the machines used to put cardholder information on cards such as credit or identity cards when the cards are issued.” See Pl.'s Mem. at 3, ECF No. 3. Mr. Lundstrom is one of the inventors for these patents. The Defendants represent that they have been seeking Mr. Lundstrom's deposition since September 2018. Defs.' Opp'n at 15, ECF No. 10. The Defendants originally served Entrust a notice to depose Mr. Lundstrom pursuant to Fed.R.Civ.P. 30 on Entrust, but Mr. Lundstrom's deposition was not taken despite being discussed several times. Hartley Decl., Ex. 8, ECF No. 11. The defendants then served a Rule 45 subpoena on Mr. Lundstrom[1] on December 3, 2018, commanding him to appear for a December 17th deposition near his residence in Minnesota. Entrust and Mr. Lundstrom's motion to quash followed.

         Rule 45: Motions to Quash

          Pursuant to Rule 45, a federal court in a district where compliance with a non-party subpoena is required must quash or modify the subpoena that:

(i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the geographical limits specified in Rule 45(c);
(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden.

Fed. R. Civ. P. 45(d)(3)(A). The court may quash a subpoena that requires disclosure of a trade secret or other confidential business information or of an unretained expert's opinion. Fed.R.Civ.P. 45(d)(3)(B).

         Rule 45 also provides that a federal court may transfer a subpoena-related motion to the district where the underlying litigation is pending. See Fed. R. Civ. P. 45(f). Specifically, it states:

When the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court[2] if the person subject to the subpoena consents or if the court finds exceptional circumstances.

Id.

...


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