Genus Lifesciences Inc. v. Lannett Company, Inc.

INTRODUCTION

14 Non-party Michael Singer moves to quash a subpoena issued by plaintiff Genus 15 Lifesciences Inc. (“Genus”) to produce documents relating to Singer’s former employment with 16 defendant Lannett Company Inc. (“Lannett”). Singer requests that the subpoena be quashed 17 because it would result in a significant expense, could subject him to sanctions from Lannett for 18 producing privileged or confidential information, and is unduly burdensome because the requested 19 documents are also in Lannett’s possession. Genus has not requested the documents from Lannett. 20 I agree with Singer, particularly regarding the burden Genus seeks to impose on him before 21 seeking the same documents from a party to the litigation, and GRANT his motion to quash. His 22 subsequent motions for telephonic appearance and permission for electronic case filing are 23 DENIED as moot.

BACKGROUND

I. PROCEDURAL BACKGROUND

26 Genus sued defendants, competitors in the market of cocaine hydrochloride nasal spray, for 27 falsely advertising, marketing and promoting their product and unfairly competing with it in ways that violate the law. See First Amended Complaint [Dkt. No.…