Response to Plaintiff's Motion

RESPONSE TO PLAINTIFF'S MOTION TO QUASH SUBPOENA DUCES TECUM

COMES NOW the Defendant, (hereinafter " "), and files this his/her Response to Plaintiff's Motion to Quash Subpoena Duces Tecum commanding to produce documents at the offices of , , Mississippi, and would show as follows:

I.

This answering Defendant admits that this Court overruled Plaintiff's motion for a new trial or, in the alternative, for judgment notwithstanding the verdict on the .

II.

This answering Defendant denies the allegations contained in paragraph 2, and specifically avers that the Subpoena issued was a Subpoena Duces Tecum and does not require Plaintiff to expend any time attending a deposition. Rather, such only requires the party being subpoenaed to produce the documents and/or materials requested.

III.

This answering Defendant denies each and every allegation contained in paragraph 3.

IV.

This answering Defendant denies each and every material allegation contained in paragraph 4.

V.

In response to the allegations contained in paragraph 5, this answering Defendant admits having secured a favorable jury verdict; however, this Defendant denies that it is trying to abuse the powers granted under Rule 45 of the Mississippi Rules of Civil Procedure.

VI.

This answering Defendant denies that Plaintiff is entitled to attorney's fees and/or expenses for challenging the subpoena duces tecum issued by ; instead, this answering Defendant asserts that the Defendant is entitled to reasonable attorney's fees and expenses incurred in responding to Plaintiff's Motion to Quash Subpoena Duces Tecum, as such measure by Plaintiff is exercised in bad faith.

VII.

In response to the allegations contained in paragraph 7, this answering Defendant denies each and every material allegation along with each and every legal conclusion; further, this answering Defendant denies that Plaintiff should be allowed leave from the Court's prior order and review and reconsider Plaintiff's motion for a new trial based upon the Defendant's issuance of a subpoena Duces Tecum as there are no provisions within the Mississippi Rules of Civil Procedure for such, nor is there any case law supporting such.

VIII.

This answering Defendant denies the allegations contained in paragraph 8 and specifically alleges that there is a valid purpose for this subpoena as Plaintiff attached an affidavit of to its notion for a new trial and has indicated that such may be an issue on appeal to the Mississippi Supreme Court. Accordingly, this answering Defendant should be able to obtain and submit relevant material to rebut matters presented by Plaintiff.

WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests an order denying Plaintiff's Motion to Quash Subpoena Duces Tecum issued to and to deny Plaintiff's motion to reconsider the Court's previous order denying Plaintiff's request for a new trial, and for reasonable attorney's fees and expenses in responding to Plaintiff's Motion to Quash Subpoena Duces Tecum and for such other relief as the Court deems just and proper.

Respectfully submitted,

Attorney for

Of counsel:

Telephone:

MSB #

Attorney for

CERTIFICATE OF SERVICE

I, , attorney for Defendant, , hereby certify that I have this day caused to be hand delivered true and correct copies of the above and foregoing document to , attorneys of record for Plaintiff.

This the .