Udd v. Phoenix, City of ( 2021 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Darren Udd, No. CV-18-01868-PHX-JJT 10 Plaintiff, ORDER 11 v. 12 City of Phoenix, 13 Defendant. 14 15 At issue is Opt-In Plaintiff Jeanette Butcher’s Motion to Quash or Otherwise Modify 16 Subpoena Served on Discover Financial Services, Inc. (Doc. 97), to which Defendant City 17 of Phoenix filed a Response in opposition (Doc. 98). In the Motion, Butcher requests that 18 the Court quash a subpoena served on Discover Financial Services, Inc., her prior part-time 19 employer, seeking her employment records. The Court agrees with Defendant that a party 20 does not have standing to object to a subpoena directed to a nonparty except where the 21 party has a claim of privilege relating to the documents sought. Crispin v. Christian 22 Audigier, Inc., 717 F. Supp. 2d 965, 973–74 (C.D. Cal. 2010). Here, Butcher provides no 23 support for an argument that the information Defendant seeks from Discover is protected 24 by any privilege applicable to her. To the extent the documents contain her confidential 25 information, their disclosure is covered by Protective Order in this case. Butcher otherwise 26 lacks standing to object to the subpoena served on Discover. 27 The Court notes that even if it found Plaintiff had standing to object here, the Court 28 would conclude that the documents sought are relevant and the scope of the request for 1 || documents is reasonably limited. Plaintiffs claim in this case is for overtime pay under the 2|| Fair Labor Standards Act arising from her employment by Defendant, so Plaintiffs || simultaneous work for another employer, and the extent of that work, is relevant to 4|| Defendant’s defense of the claim. 5 IT IS THEREFORE ORDERED denying Opt-In Plaintiff Jeanette Butcher’s 6 || Motion to Quash or Otherwise Modify Subpoena Served on Discover Financial Services, || Inc. (Doc. 97). 8 Dated this 4th day of November, 2021. CN iy. 10 wefehlee— Unifga State#District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-