Cymbidium Restoration Trust v. American Homeowner Preservation Trust Series AHP Servicing

Opinion

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4 5 UNI UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 CYMBIDIUM RESTORATION TRUST, CASE NO. C24-0025-KKE 8

Plaintiff, ORDER ON DISCOVERY DISPUTE 9 v.

10 AMERICAN HOMEOWNER PRESERVATION TRUST SERIES AHP 11 SERVICING, et al.,

12 Defendants.

AMERICAN HOMEOWNER 14 PRESERVATION TRUST SERIES AHP SERVICING, et al., 15

Counter-Plaintiffs, 16 v.

17 CYMBIDIUM RESTORATION TRUST,

18 Counter-Defendant.

20 VAK CAPITAL TRUST I,

21 Intervenor-Defendant/ Counterclaim and 22 Crossclaim Plaintiff, 23 24 1 v. 2 CYMBIDIUM RESTORATION TRUST, 3 Counter-Defendant, 4 and

5 AHP CAPITAL MANAGEMENT, LLC, et al., 6 Cross-Defendant. 7

8 The Court held a conference on a discovery dispute (Dkt. No. 123) and now enters this 9 order memorializing the oral ruling. 10 “[T]he scope of discovery allowed under a [Federal Rule of Civil Procedure] 45 subpoena 11 is the same as the scope of discovery permitted under Rule 26(b).” In re Subpoena to Apple Inc., 12 No. 5:14-cv-80139-LHK-PSG, 2014 WL 2798863, at *2 & n.16 (N.D. Cal. June 19, 2014) 13 (quoting Edwards v. Calif. Dairies, Inc., No. 1:14-mc-00007-SAB, 2014 WL 2465934, at *1 (E.D. 14 Cal. Jun. 2, 2024)). However, Rule 45 specifies expressly that “[a] party or attorney responsible 15 for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or 16 expense on a person subject to the subpoena.” Fed. R. Civ. P. 45 (d)(1). 17 As discussed at the conference, the Court ORDERS the entities associated with this dispute 18 (non-party SN Trading, LLC; the AHP Defendants; and Intervenor Defendant VAK Capital Trust 19 I) to continue meeting and conferring in order to tailor Defendants’ and Intervenor Defendant’s 20 requests for SN Trading’s production of relevant documents not in the possession of parties to this 21 lawsuit. These entities should continue to meet and confer to the point of impasse, and if that point 22 is reached, SN Trading may file a motion for a protective order, no later than March 14, 2025. 23 24 1 The clerk is directed to TERMINATE the motion to compel (Dkt. No. 86) to reflect the 2 ongoing meet-and-confer process. 3 Dated this 26th day of February, 2025.

4 A 5 Kymberly K. Evanson 6 United States District Judge

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