Professional Documents
Culture Documents
Brett Kimberlin,
Plaintiff,
vs.
Patrick Frey,
Defendant.
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) Case No. 8:13-cv-03059-GJH
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Respectfully submitted,
/s/ C.J. Mahoney
C.J. Mahoney (Bar No. 18713)
WILLIAMS & CONNOLLY LLP
725 Twelfth Street, N.W.
Washington, DC 20005
Telephone: (202) 434-5253
Facsimile: (202) 434-5058
Email: cmahoney@wc.com
Attorney for Hunton & Williams LLP
Brett Kimberlin,
Plaintiff,
vs.
Patrick Frey,
Defendant.
As indicated in H&Ws Opposition to the Motion to Compel, counsel agreed to accept service
as of March 21, 2016, but, in doing so, counsel explicitly reserved all objections both to the
manner of service and to the subpoena itself. H&W then sent Mr. Kimberlin timely objections.
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transparent effort by Mr. Kimberlin to obtain the discovery he sought unsuccessfully in his now
dismissed lawsuit against H&W (perhaps in the hopes of reviving that suit). See Kimberlin v.
Hunton & Williams, et al., No. 8:15-cv-00723, Dkt. No. 133 (dismissing all claims).
Second, service was improper because Mr. Kimberlina party to this actionattempted
to effect service himself. See Dkt. No. 344 (denying Mr. Kimberlins subpoena to Defendant
Aaron Walker because Mr. Kimberlin served it himself and it therefore does not comply with
Rule 45(b)(1)).
Third, there is no indication on the Courts docket that Mr. Kimberlin obtained
permission from the Court to serve the subpoena. See Dkt. No. 313 (ordering Mr. Kimberlin to
obtain authorization from the Court prior to serving discovery requests).
For these reasons and those stated in H&Ws Opposition to the Motion to Compel, D.I.
373, the Court should grant H&Ws Motion to Quash.
Respectfully submitted,
/s/ C.J. Mahoney
C.J. Mahoney (Bar No. 18713)
WILLIAMS & CONNOLLY LLP
725 Twelfth Street, N.W.
Washington, DC 20005
Telephone: (202) 434-5253
Facsimile: (202) 434-5058
Email: cmahoney@wc.com
Attorney for Hunton & Williams LLP
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 28th day of April, 2016, a copy of the foregoing
Motion to Quash Subpoena Duces Tecum and supporting materials was filed electronically with
the Courts electronic filing system, which provided electronic notice to all counsel of record in
this matter. In addition, a copy of the foregoing motion and supporting materials was sent by
Federal Express to Plaintiff Brett Kimberlin at 8100 Beech Tree Road, Bethesda, MD 20817.
Brett Kimberlin,
Plaintiff,
vs.
Patrick Frey,
Defendant.
[PROPOSED] ORDER
Upon consideration of the Motion to Quash Subpoena Duces Tecum Directed to NonParty Hunton & Williams LLP, it is hereby
ORDERED that the Motion to Quash plaintiffs subpoena to H&W is GRANTED; and
ORDERED that plaintiffs subpoena directed to non-party H&W is QUASHED.
________________________________
George J. Hazel
United States District Judge