Schoenmann ex rel. Estate of UCBH Holdings, Inc. v. Federal Deposit Insurance

DISCOVERY ORDER

Re: Dkt. Nos. 130, 133

I. INTRODUCTION

On September 19, 2013, the parties in this action filed a joint discovery letter regarding a dispute over a subpoena served by the FDIC-Receiver on non-party witness Doreen Woo Ho. Dkt. No. 130. Ms. Ho has withheld documents responsive to the subpoena based on objections asserted by Plaintiff/Trustee E. Lynn Scho-enmann. After reviewing the parties’ joint letter and holding a telephonic conference with the parties, on October 28, 2013, the Court granted the FDIC-Receiver’s re *1012 quest for leave to file a Motion to Compel and issued an Order setting forth a briefing schedule and hearing date on the matter. Dkt. No. 132. On November 4, 2013, the FDIC-Receiver filed its Motion to Compel (Dkt. No. 133), and on November 11, 2013, the Trustee filed her Opposition (Dkt. No. 137). The Court held a hearing on the matter on November 21, 2013. After considering the parties’ arguments and controlling authorities, the Court DENIES the FDIC-Receiver’s Motion to Compel.

II. BACKGROUND

Plaintiff is the Chapter 7 Trustee for the bankruptcy estate of UCBH Holdings, Inc., the holding company for United Commercial Bank. Mot. at 1. On…