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Nxivm Corporation v. Sheila Cote and Barbara Bouchey

August 17, 2011

NXIVM CORPORATION, PETITIONER,
v.
SHEILA COTE AND BARBARA BOUCHEY, RESPONDENTS.



The opinion of the court was delivered by: David E. Peebles U.S. Magistrate Judge

ORDER

This matter comes before the court based upon the filing of cross-motions by petitioner NXIVM Corporation and respondents Sheila Cote and Barbara Bouchey. The cross-motions relate to subpoenas issued out of this court to the two respondents pursuant to Rule 45 of the Federal Rules of Civil Procedure, requiring them to appear for deposition, and to produce documents, in connection with two consolidated adversary proceedings pending in the United States Bankruptcy Court for the Western District of Washington, NXIVM Corporation v. Susan Faye Dones and Kim Marie Woolhouse, Actions Nos. 10-04338-DBL and 10-04339-DBL (W.D. Wash. Bk. Ct., filed 2010). Petitioner initiated this proceeding by the filing of a motion on August 1, 2011 seeking to compel enforcement of subpoenas issued to and served upon the named respondents. Dkt. Nos. 1. Respondents subsequently cross-moved on August 10, 2011 seeking to quash the subpoenas issued to them. Dkt. Nos. 4, 6.

Argument was held in connection with the parties' cross-motions on August 17, 2011 at the United States Courthouse, located in Syracuse, New York. At the close of that hearing I issued an oral determination granting petitioner's motion and denying respondents' cross-motions. Based upon the foregoing and the court's bench decision, which is incorporated herein by reference, it is hereby

ORDERED as follows:

1) Petitioner's motion to compel (Dkt. No. 1) is GRANTED.

2) Respondent Barbara Bouchey shall appear for a deposition on August 30, 2011 at 9:00 am, not to exceed four hours in duration, at the offices of O'Connell and Aronowitz, 54 State Street, 9th Floor, Albany, New York 12207 and shall produce all documents within her possession, custody or control referenced in Exhibit A to the subpoena issued to respondent Bouchey.

3) Respondent Sheila Cote shall appear for a deposition on August 31, 2011 at 9:00 am, not to exceed four hours in duration, at the offices of O'Connell and Aronowitz, 54 State Street, 9th Floor, Albany, New York 12207 and shall produce all documents within her possession, custody or control referenced in Exhibit A to the subpoena issued to respondent Cote.

4) The depositions to be conducted on August 30 and 31, 2011 shall proceed in accordance with this court's standing guidelines regarding depositions which are attached collectively as Appendix A and made a part of this order.

5) Respondents' motions to quash the two subpoenas at issue (Dkt. Nos. 4, 6) are DENIED.

6) No costs or attorneys' fees are awarded to any party in connection with the pending motion.

7) The clerk is directed to promptly forward copies of this order to counsel for NXIVM Corporation, who is directed in turn to serve copies of the order upon Susan Faye Dones and Kim Marie Woolhouse, the defendants in the underlying adversary proceeding, by mail. In addition, the clerk is directed to forward a copy of this order, by mail, to the two named respondents in this matter.

Syracuse, NY

APPENDIX A

GUIDELINES FOR DISCOVERY ...


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