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Z Best Body and Paint Shops, Inc. v. The Sherwin-Williams Co.

United States District Court, C.D. California

August 29, 2017

Z Best Body and Paint Shops, Inc.
v.
The Sherwin-Williams Company, et al.

          Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE

          CIVIL MINUTES-GENERAL

         Proceedings: (In Chambers) Order Granting Ex Parte Application to Quash Subpeona [Dkt. 53]

         On August 24, 2017, Defendant The Sherwin-Williams Company (“Defendant”) filed an Ex Parte Application to Quash Non-Party Subpoena (“Application”). ECF Docket No. (“dkt.”) 53, Application. On August 25, 2017, Plaintiff Z Best Body and Paint Shops, Inc. (“Plaintiff”) filed an Opposition to the Application. Dkt. 54. After consideration of the papers in support of and in opposition to the Application, the Court GRANTS the Application.

         I.

         PROCEDURAL HISTORY

         A. JB COLLISION LITIGATION

         On August 20, 2013, Defendant sued non-party JB Collision Services Inc. (“JB Collision”) in the United States District Court for the Southern District of California for breach of a supply agreement (the “JB Collision Litigation”). SDCA Case No. 3:13-cv-1946-LAB (WVG), Dkt. 1.

         On June 20, 2014, the court granted and issued the parties' stipulated protective order in the JB Collision Litigation. Id., Dkt. 35. The protective order provides “no document . . . produced pursuant to FRCP 26, in response to FRCP 33 Interrogatories, [or] FRCP Requests for Production . . ., which is designated ‘Confidential, ' shall be disclosed in any way, direct or indirectly, in any form, to anyone other than in connection with this case.” Id. Plaintiff in the instant litigation was not a party to the JB Collision Litigation protective order. See id.

         During a four-day jury trial from November 17, 2015 through November 20, 2015, a number of documents that were protected under the protective order were marked as trial exhibits in the JB Collision Litigation. Declaration of Eddie Woodworth in support of Application (“Woodworth Decl.”), ¶ 11. Following the trial, the court ordered return of the exhibits and that the parties continue to comply with the protective order. Id., ¶ 13, Ex. 4.

         B. CURRENT LITIGATION

         On November 21, 2016, Plaintiff sued Defendant in the instant action for breach of a supply agreement. Dkt. 1, Complaint. On April 25, 2017, Plaintiff filed a First Amended Complaint. Dkt. 31. On June 7, 2017, the Court granted in part and denied in part Defendant's Motion to Dismiss the FAC. Dkt. 39. On June 28, 2017, Defendant filed an Answer to the FAC, which it then amended on July 18, 2017. Dkts. 43, 46.

         On July 24, 2017, the Court held a scheduling conference and set trial for December 5, 2017. Dkt. 48.

         On August 2, 2017, Plaintiff served a subpoena on counsel for JB Collision seeking “any and all records and documents produced by [Defendant] in related Case No. 13-CV-1946-LAB (WVG) [the JB Collision Litigation] and received by Defendant JB Collision Services, Inc. during discovery, including but not limited to, all sets of [Defendant's] documents produced” (the “Subpoena”). Woodworth Decl., Ex. 1. A copy of the Subpoena was served on Defendant on July 31, 2017, but Defendant did not receive the copy until August 7, 2017. Id., ¶ 3, Ex. 1.

         On August 17, 2017, JB Collision filed a “Notice of Federal Subpoena and Request for Instructions from Court” (“Notice”). Dkt. 50. On August 21, 2017, Defendant filed a Response to JB Collision's Notice. Dkt. 51. On August ...


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