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Sedgwick Claims Management v. Kimberley Soukup

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 13, 2012

SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., PLAINTIFF,
v.
KIMBERLEY SOUKUP, DEFENDANT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

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.


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