UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
February 26, 2007
TADIRAN TELECOM, INC., PLAINTIFF,
SPRINT PRODUCTS GROUP, INC., AND SPRINT NORTH SUPPLY COMPANY, DEFENDANTS.
The opinion of the court was delivered by: Lindsay, Magistrate Judge
Before the court is the plaintiff's letter motion dated February 13, 2007, seeking to quash subpoenas served by the defendants on two non-party accounting firms. According to the plaintiff, the subpoenas should be quashed because they seek production of accounting records for non-parties who are irrelevant to the issues in this case as well as for time periods that are similarly irrelevant, overly broad and unduly burdensome. Defendants object to the plaintiff's letter motion by letter dated February 21, 2007.*fn1 Significantly, the non-parties have not objected to the subpoenas.
The law is clear that "[a] party 'ordinarily lacks standing to quash a subpoena directed at a nonparty unless the party is seeking to protect a personal privilege or right.'" Fox Indus. Inc. v. Gurovich, No. CV 03-5166 (TCP)(WDW), 2006 WL 2882580, at *13 (E.D.N.Y. Oct. 6, 2006), quoting Nova Products, Inc. v. Kisma Video, Inc., 220 F.R.D. 238, 241 (S.D.N.Y. 2004) (additional citations omitted). Here, the plaintiff does not claim that it is seeking to protect any personal privilege or right. Thus, the plaintiff lacks standing to challenge these non-party subpoenas. Accordingly, the plaintiff's motion to quash the subpoenas is denied.
ARLENE ROSARIO LINDSAY United States Magistrate Judge