IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 13, 2012
SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., PLAINTIFF,
KIMBERLEY SOUKUP, DEFENDANT.
The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge
Pending before the court is defendant's motion to quash a subpoena
directed to the custodian of records for Facebook, Inc.*fn1
The motion was not noticed for hearing. Having reviewed the
record, the court has determined that oral argument would not be of
material assistance in determining the pending motion. See E.D. Cal.
L.R. 230(g). Upon review of the briefs in support and opposition, and
good cause appearing therefor, THE COURT FINDS AS FOLLOWS:
In the underlying action, plaintiff asserts that defendant misappropriated plaintiff's trade secret, proprietary, and confidential information. In deposition, defendant has admitted that she e-mailed the subject documents to her personal e-mail account, posted comments on Facebook advising others to take their employers' documents home, and threw her personal computer in the trash after plaintiff had specifically requested that defendant preserve such evidence. Under the circumstances presented here, the subpoena at issue is neither overbroad nor does it intrude improperly into private matters. The information sought by means of the subpoena at issue may lead to the discovery of admissible evidence.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendant's motion to quash (dkt. no. 1) is denied.
2. Discovery obtained pursuant to the subpoena shall be used solely for purposes of the action pending in the United States District Court, Northern District of Texas, case no. 3:11-cv-0336-K.