United States District Court, D. Utah, Central Division
COLLETTE C. RUSSELL, Plaintiff,
NEBO SCHOOL DISTRICT, BRUCE MOON, ANGIE KILLIAN, Defendants.
MEMORANDUM DECISION AND ORDER
SAM SENIOR JUDGE
Bruce Moon has filed a Motion for Protective Order (Doc. #28)
seeking to prevent Plaintiff Collette Russell from serving
his former and current employers and his cell phone provider
with subpoenas. Mr. Moon asserts that the proposed subpoenas
are irrelevant and/or overly broad.
Russell has filed claims against Mr. Moon for assault and
battery and intentional infliction of emotional distress
based on an incident or incidents that allegedly occurred in
late 2013, and which Mr. Moon contends were part of a
consensual affair he had with Ms. Russell. Mr. Moon has
counterclaimed against Ms. Russell alleging that she
“interfered with his employment with Nebo School
District by making untrue statements to Nebo School District
and the Salem Police Department which caused his
termination.” Mem. Opp'n at 8.
proposed subpoenas Ms. Russell requests Moon's former and
current employers produce the following documents.
1. All correspondence, documents and communications
(including emails, faxes, social media posts, text messages
and letter) relating to or concerning or any complaints,
grievances, reports, disciplinary actions or records,
citations, personnel evaluations, or termination notices
identifying or concerning Bruce Moon;
2. All job applications, interview notes, investigation
files, internal discussions, emails, texts [sic] messages,
instant messages, social media messages, voice recordings,
and video recordings concerning or relating to Bruce Moon:
3. All correspondence, documents and communications in Bruce
Moon's personnel file maintained by you during the period
of his employment with you'
4. All correspondence, documents and communications in
relating to or concerning any communications between you and
any third-part concerning or relating to Bruce Moon.
See Doc. Entries 22, 24, 25, & 26. From Mr.
Moon's cell phone provider Ms. Russell requests
“text messages, phone messages, data records, billing
statements, invoices, purchases, transactions and related
documents” for Mr. Moon's phone from August, 2013
to the present, and correspondence between Mr. Moon and his
provider during the same time period. See. Doc.
Entry 23. Id. at 7.
STANDARDS FOR DISCOVERY
Rule of Civil Procedure 26(c) governs protective orders and
provides in part as follows. “A party or any person
from whom discovery is sought may move for a protective order
in the court where the action is pending .... The court may
for good cause, issue an order to protect a party or person
from annoyance, embarrassment, oppression, or undue burden or
expense....” Fed.R.Civ.P. 26(c).
general scope and limits of discovery is set forth in Rule
Unless otherwise limited by court order, the scope of
discovery is as follows: Parties may obtain discovery
regarding any nonprivileged matter that is relevant to any
party's claim or defense and proportional to the needs of
the case, considering, the importance of the issus at state
in the action, the amount in controversy, the parties'
relative access to relevant information, the parties'
resources, the importance of the discovery in resolving the
issues, and whether the burden or expense of the proposed