GUARDSMARK, INC. v. BLUE CROSS AND BLUE SHIELD, (W.D.Tenn. 2002)

JAMES H. ALLEN, United States Magistrate Judge

On January 14, 2002, plaintiff Guardsmark filed its motion seeking an order quashing subpoenas issued by defendant Blue Cross for the production of documents. These subpoenas were sewed upon non-parties Watson Wyatt and Company; Brown Nelson, P.C.; and Insurance Claims Auditing and Professional Services. Plaintiff argues that the documents sought are protected by the "trial preparations" or "work product" exemption contained in Fed.R.Civ.P. 26(b)(3).

By order contemporaneously filed herewith, the "work product" exemption has been held not to apply to the documents in question. Plaintiff Guardsmark has been ordered to produce the documents in their possession. Compliance with this order may very well render moot the issues raised by this motion.

Accordingly, Guardsmark's motion to quash the above-described subpoenas is GRANTED, but without prejudice to any later discovery from these non-parties, upon good cause shown.