Subpoena conduct allegations result in evidentiary hearing
Digacomm, LLC v. Vehicle Safety & Compliance, LLC, et al., C.A. No. 08-MC-63-JJF, April 29, 2008.
Farnan, J. Plaintiff petitioned to enforce a subpoena to the Fish and Richardson law firm. The Court ordered an evidentiary hearing.to resolve professional issues even if the subpoena issues are fully resolved.
Plaintiff alleges Fish has ignored the subpoena and Fish alleges it has fully complied. Plaintiff asserts that the facts presented in Fish’s responsive brief differ from facts relayed to Plaintiff. The Court acknowledged that lawyering in fast-paced high stakes litigation can wander sometimes from expected professional standards. The Court will hold an evidentiary hearing to resolve the legal and professional issues, requiring the presence of five counsel identified.
A copy of the full opinion is available here.

