Fill and Sign the Order Quash Form

IN THE UNITED STATES DISTRICT COURT FOR THE ____________ DISTRICT OF ___________ ___________________ DIVISION NAME OF PLAINTIFFS )       ) ) V. ) NO.       ) ) NAME OF DEFENDANT )       ) ) MOTION FOR PROTECTIVE ORDER, MOTION TO QUASH AND OBJECTION TO NOTICE OF DEPOSITION DUCES TECUM COMES NOW, Plaintiff, ________________________, by and through his attorney of record and files this his Motion for Protective Order, Motion to Quash and Objection to Notice of Deposition Duces Tecum and in support thereof states the following: 1. At approximately ____:00 p.m. on ______, ______ ______, 20_____, counsel for Defendant ________________________ transmitted to counsel for ________________________ via facsimile a "Notice to Take Depositions Duces Tecum" (the "Notice") scheduling each of ________________________ __________ (____) designated experts for oral depositions in __________, _____________ on ____________, _______ ____, 20_____, with the first deposition commencing at ___:00 a.m. A copy of the Notice is attached as Exhibit A and incorporated by reference. 2. The Notice is unreasonable, unduly burdensome and abusive and ______________________ moves for a protective order prohibiting the taking of said depositions as scheduled. At the time counsel for ________________________ filed the Notice, it was obvious that ______________ could not make arrangements to have his experts available on approximately ____ hours notice (at most), particularly when one of the experts lives in ____________ and another lives in - 1 - _____________. Furthermore, ______________________ submits that ________ deliberately transmitted the Notice after normal business hours (__:00 p.m. _____ time) in the hopes that counsel for ________________________ would not find the notices until arrival for work on ______________ morning. In fact, counsel for ________________ spoke with counsel for ________ on the afternoon of ______________, ________ ________, 20___, regarding discovery disputes and expert depositions and reports, but counsel for _________ never mentioned taking depositions on ________, _________ , 20____. 3. To the extent the Notice is deemed a Subpoena Duces Tecum, ________________________ objects on the basis that the subpoena fails to comply with the requirements of Rule 45. The purported subpoena (i) is not in proper form, (ii) was not served on the witnesses, (iii) does not allow a reasonable time for compliance, (iv) subjects the witnesses to undue burden, (v) requires two (2) experts to travel more than _____ miles from where they reside, are employed or regularly transact business, and (vi) is overly broad and appears to seek some information that may be protected by the work-product doctrine. In addition, ________________________ has failed to tender fees, mileage and reasonable compensation for attending the deposition. Clearly, less than ________ days notice for inspection of the designated materials has been provided. Accordingly, ________________ objects to the inspection of the designated materials and moves that the subpoena be quashed. 4. ________________________ respectfully requests that the this Motion be treated as an urgent or Necessitous matter and the Court set a hearing of this Motion as soon as possible. WHEREFORE, PREMISES CONSIDERED, Plaintiff ________________________ respectfully moves the Court to enter a protective order prohibiting the taking of the depositions - 2 - set forth in the Notice to Take Depositions Duces Tecum served by Defendant ________________________ as scheduled and to quash the Notice to Take Depositions Duces Tecum to the extent that it is deemed a subpoena. Plaintiff also requests that this matter be treated as urgent and necessitous and be heard as soon as possible. And, Plaintiff moves for such other general relief as is proper in the premises. THIS the _____st day of ______, 20_____. Respectfully submitted, ________________________ BY:_________________________ ____________________________ ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I, ________________________, do hereby certify that I have this day mailed and transmitted via facsimile, a true and correct copy of the above and foregoing MOTION FOR PROTECTIVE ORDER, MOTION TO QUASH AND OBJECTION TO NOTICE OF DEPOSITION DUCES TECUM to _____________________________. This the _____st day of _________, 20____. _______________________________ _______________________________ - 3 -