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The judge said that the evidence sought must be relevant. The magistrate noted that the court looks at four factors generally in deciding whether a subpoena for a deposition should be quashed. The court also stated that under Rule 45(d)(1) the law requires that attorneys responsible for serving a subpoena must avoid imposing undue burden or expense subject to the subpoena. And Rule 26(g)(1)(B)(iii) provides that every discovery request must be signed by an attorney of record and that by signing, the attorney certifies that the document is neither unreasonable nor unduly burdensome.” “For example, Rule 26(c)(1) empowers a court to issue an order to protect a party or person from inter alia, undue burden or expense. The court observed that the Federal Rules of Civil Procedure are designed to protect nonparties from undue burden: Uppal was charged with phone harassments of former co-workers in 20.” Uppal was charged with and convicted of a felony for sending a letter to the White House in which she threatened to kill Rahm Emanuel, President Obama’s then chief of staff, Judge Larry Axelrod and seven other individuals involved in two court cases in which Dr. 12, 2009 letter referenced the following: Uppal’s misconduct leading to a termination of her residency consisted of “scurrilous harassing e-mails to university personnel, repeated refusals to heed warnings to cease and desist, bizarre and at times threatening content of e-mails. The magistrate judge began consideration of the motion to quash by observing that Dr. The judge also held that the university lacked standing to present its motion to quash. The magistrate judge granted the motion, quashing the deposition of Dr. Rosalind Franklin University also filed the same motion. Correia filed a motion to quash the deposition notice. 12, 2009, citing “recurrent and lengthy pattern of unacceptable conduct.”ĭr. Uppal requested Rosalind Franklin University to sponsor her for another residency at another hospital, the university declined. Uppal terminating her residency for serious misconduct and violating her employment contract. Natalie Correia, the director of the hospital’s internal medicine residency program, wrote a letter to Dr. He obtained a residency at Lutheran General Hospital in Park Ridge, Ill. In this case, the plaintiff Prabhjot Uppal graduated as a physician from Rosalind Franklin University of Medicine and Science in 2005. The court stated that nonparties will be protected by undue burden and that, in weighing requests to depose nonparties, courts will consider four factors: District Court for the Northern District of Illinois, the Federal Rules of Civil Procedure were examined closely with respect to a subpoenaed nonparty deposition.