Nature of Proceedings: Motion Order Enforce Third Party Subpoena
This is defendant’s motion for an order to enforce a third party subpoena over written objection

RULING

The motion is denied. No attorney fees awarded.
ANALYSIS

Upon balancing the competing interests, the Court finds that Mr. Bird’s privacy interest outweighs defendants’ desire to try to find some way to impeach his credibility. This is particularly true since he can be deposed on the manner in which he “costed out” the project, so that it can be determined precisely what he did in determining that the designs prepared by defendant could not be constructed within the plaintiffs’ budget.
Further, the court notes that the moving papers were based upon a version of the evidence which was completely unsupported in the motion. The only evidence submitted in support of the motion consisted of counsel’s declaration of service of the subpoena and notice to consumer, Mr. Bird’s objection, and counsel leaving him a m