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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

SHREVEPORT DIVISION

U.L. COLEMAN COMPANY, LTD, CIVIL ACTION NO. 08-2011

SEQUOIA VENTURE NO.2, LTD,

AND A. TEAGUE PARKWAY, L.L.C.

VERSUS JUDGE: S. MAURICE HICKS, JR.

BOSSIER CITY-PARISH MAG. JUDGE: HORNSBY

METROPOLITAN PLANNING

COMMISSION, OFFICE OF

PERMITS AND INSPECTIONS FOR

THE CITY OF BOSSIER, AND THE

CITY COUNCIL OF BOSSIER CITY

THE CITY OF BOSSIER CITY AND THE BOSSIER CITY-PARISH METROPOLITAN PLANNING COMMISSION'S MOTION TO QUASH SUBPOENAS AND MOTION FOR PROTECTIVE ORDER

The City of Bossier City (the "City") and the Bossier City-Parish Metropolitan

Planning Commission (the "MPC") (collectively "defendants"), move to quash the 27

notices of deposition and subpoenas recently issued by plaintiffs. Attached hereto as

Exhibit B in globo are copies of the notices of depositions. Attached hereto as Exhibit

B-1 is the subpoena to testify and produce records issued to Sam Marsiglia, as

undersigned counsel was not provided courtesy copies of the subpoenas. The 27

deposition notices and subpoenas were issued to the following:

1. City and MPC officials and employees (current and former): Scott Irwin, David Montgomery, David Jones, Timothy Larkin, Jeffery Darby, James "Chubby" Knight, Don Williams, Dr. James Rogers, James Hall, Sam Marsiglia, Mark Hudson, Ken Womack, Mayor La Walker, George Dement, Pam Glorioso, Charles Glover, and Lynn Austin;

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2. Montgomery Agency, Inc. (Councilman David Montgomery's business);

3. Argent Financial Group: (Councilman Scott Irwin's former employer);

4. Third parties: Brown Builders, Inc., Aillet, Fenner, Jolly and McClelland, Inc., Wayne Brown, Doug Brown, Southern Home Builders, Inc., Sonia Peters Cassidy, Estate of Joe Roy Peters, and Dale Cassidy.

1.

On or about Friday November 17,2010 and November 22,2010, plaintiffs signed

and issued the Subpoenas to Testify at Deposition in a Civil Action along with Notices of

Depositions for Records Only requesting the deponents to appear on December 15, 16,

17, and 22, 2010, to testify at depositions or in lieu of appearance mail the documents

requested in the attachment A to the subpoenas. See Exhibit B and B-1.

2.

Counsel had previously conferred and set aside one week per month beginning

January 24, 2011 through November 2011, for depositions, and also set a date to confer

on the witnesses to be scheduled the week of January 24,2011. See Exhibit A.

3.

However, despite this agreement by the parties, counsel for plaintiffs unilaterally,

and without prior notice or consultation whatsoever, scheduled in December, 2010, the

depositions of 17 current and former employees and officials of the City and MPC

(hereinafter referred to as "defendants' employees"), a City councilman's personal

business, a City councilman's former employer, and 10 third parties (collectively

"deponents").

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'2.

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4.

The subpoenas must be quashed because they impose an undue burden on the deponents that would require them to incur significant cost and expense to produce documents dating back to 2002, that are irrelevant to the current litigation.

5.

The subpoenas should be quashed because they seek information that is neither remotely relevant to any claim or defense, nor reasonably calculated to lead to the discovery of admissible evidence.

6.

The subpoenas should be quashed because they appear to have been issued as a means to harass the defendants and the 27 deponents to whom they were issued, particularly where the requests are duplicative of the written discovery already issued to the City and MPC through undersigned counsel. See Exhibit C attached, Interrogatory Nos. 6, 7, 8, 9, l3, and Request for Production Nos. 2 and 3.

7.

Pursuant to Federal Rule 45(c)(1), defendants are therefore entitled to and seek an order quashing the subpoenas and notices of deposition. Because some depositions have been set for December 15, 2010, defendants request expedited consideration of this motion to allow the deponents relief from the requirements of the deposition notices and subpoenas.

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8.

Defendants further seek an order requiring plaintiffs' counsel to reimburse them

for all costs and attorneys fees' incurred by defendants in connection with the filing of

and prosecution of this motion pursuant to Federal Rule 4S(c)(l).

9.

Defendants request a protective order be entered prohibiting further subpoenas to

the deponents listed above, or to any other non-parties, for the information requested in

the subpoenas, and for any further inquiry to third parties on those matters, by deposition

or otherwise.

10.

WHEREFORE, the City of Bossier City and the Bossier City-Parish Metropolitan

Planning Commission pray that after expedited proceedings, that their Motion to Quash

and for Protective Order be granted, and that all costs and attorneys fees' incurred by

defendants in connection with the filing of this motion be assessed against plaintiffs

pursuant to Rule 4S(c)(1) of Federal Rules of Civil Procedure.

Respectfully submitted:

slNeil T. Erwin

Neil T. Erwin (#05371) neil.erwin@neilerwinlaw.com NEIL ERWIN LAW, LLC 415 Texas Street, Suite 101 Shreveport, Louisiana 71101 Telephone: (318) 670-4110 Fax: (225) 208-1178

Special Counsel for the City of Bossier City

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s/Katie D. Bell

Lana D. Crump (#23707) Lana.Crump@keanmiller.com Katie D. Bell (#29831) Katie.Bell@keanmiller.com

KEAN MILLER HAWTHORNE D' ARMOND MCCOWAN & JARMAN, L.L.P.

Post Office Box 3513 (70821)

Baton Rouge, Louisiana 70825

Telephone: (225) 387-0999

Fax: (225) 388-9133

Attorneys for Bossier City-Parish Metropolitan Planning Commission

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CERTIFICATE OF SERVICE

I hereby certify that on December 3, 2010, a copy of the foregoing was

electronically filed with the Clerk of Court using the CM/ECF system. Notice of this

filing will be sent to all counsel of record by operation of the Court's electronic filing

system.

s/Katie D. Bell

Katie D. Bell

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