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Mayhew v. General Medicine, PC

United States District Court, S.D. Illinois

December 16, 2019

JAMI MAYHEW, Plaintiff,
v.
GENERAL MEDICINE, PC and THOMAS M PROSE, Defendants.

          ORDER

          Hon. Reona J. Daly United States Magistrate Judge.

         This matter is before the Court on the Motion to Quash Subpoena (Doc. 66) filed by Sandberg Phoenix and von Gontard P.C. Plaintiff filed a Response (Doc. 77). The Motion is GRANTED IN PART AND DENIED IN PART.

         On December 14, 2018, Plaintiff commenced this action pursuant to the Fair Labor Standards Act, the Illinois Minimum Wage Law, and the Illinois Whistleblower Act. On October 29, 2019, Plaintiff emailed a Notice of Subpoena and an attached Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises to Attorney Courtney Cox to the law firm of Sandberg Phoenix and von Gontard (“SPvG”). The subpoena seeks production of the following:

1. Any and all non-privileged documents and/or communications, between Courtney Cox and other attorneys presently or formerly employed by Sandberg Phoenix & Von Gontard P.C. regarding Jami Mayhew preceding the filing of the instant lawsuit.
2. Any and all non-privileged documents and/or communications referencing Jami Mayhew in any manner.
3. Any and all documents and/or communications between Courtney Cox and Jami Mayhew.
4. Any and all documents and/or communications between any other attorney presently or formerly employed by Sandberg Phoenix & Von Gontard P.C. and Jami Mayhew.
5. Any and all documents and/or communications reflecting legal advice provided by Courtney Cox directly or indirectly to Jami Mayhew.
6. Any and all documents and/or communications reflecting legal advice provided by any other attorney presently or formerly employed by Sandberg Phoenix & Von Gontard P.C. directly or indirectly to Jami Mayhew.
7. Any and all documents and/or communications between Courtney Cox and any current or former employee of General Medicine, P.C., including but not limited to, doctors, registered nurses, and/or nurse practitioners, regarding Jami Mayhew preceding the filing of the instant lawsuit.
8. Any and all documents and/or communications between any other attorney presently or formerly employed by Sandberg Phoenix & Von Gontard P.C. and any current or former employee of General Medicine, P.C., including but not limited to, doctors, registered nurses, and/or nurse practitioners, regarding Jami Mayhew preceding the filing of the instant lawsuit.
9. Any and all documents and/or communications between Courtney Cox and state or federal investigators, including but not limited to the United States Attorney's Office for the Southern District of Illinois, regarding Jami Mayhew preceding the filing of the instant lawsuit.
10. Any and all documents and/or communications between any other attorney presently or formerly employed by Sandberg Phoenix & Von Gontard P.C. and state or federal investigators, including but not limited to the United States Attorney's Office for the Southern District of Illinois, regarding Jami Mayhew preceding the filing of the instant lawsuit.

         SPvG argues the subpoena appears to be an attempt to gather sufficient facts to disqualify Attorney Cox and his firm from representing Defendants. SPvG asserts it is highly irregular to subpoena “documents and/or communications” directly from an opposing party's attorney, rather than ask opposing parties for ...


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