The Trial Lawyers College v. Gerry Spences Trial Lawyers College at Thunderhead Ranch et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
__________________________________
THE TRIAL LAWYERS COLLEGE, a
nonprofit corporation,
Plaintiff and Counterclaim Defendant,
vs.
GERRY SPENCES TRIAL LAWYERS
COLLEGE AT THUNDERHEAD RANCH, a
nonprofit corporation, and GERALD L.
SPENCE, JOHN ZELBST, REX PARRIS,
JOSEPH H. LOW, KENT SPENCE, and
DANIEL AMBROSE, individuals, and
GERRY SPENCE METHOD AT
THUNDERHEAD RANCH, INC., a nonprofit
corporation,
Defendants,
and JOHN JOYCE,
Defendant, Counterclaim Plaintiff, and
Third-Party Plaintiff,
vs.
F WARRIORS,
Third-Party Defendant.
Case Number: 1:20-CV-00080-JMC-GJF
.
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO
QUASH RULE 45 SUBPOENAS
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THIS MATTER is before the Court on Plaintiff’s Motion to Quash Rule 45 Subpoenas
[ECFs 365-66] (“Motion”). The Motion is fully briefed. See ECFs 373 (response), 374 (reply).
Both before and after the matter was fully briefed and before and after the Court addressed the
Motion in informal discovery conferences, see ECFs 371, 379, 389 (clerk’s minutes from
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discovery hearings held on June 8, June 24, and July 7, 2022), the parties continued to confer and
narrow the issues associated with the Motion. At the most recent informal discovery conference
on July 7, 2022, the parties had winnowed their disputes down to two categories, one of which the
Court resolved from the bench, see ECF 389 at 2 (resolving the issue concerning Maren
Chaloupka’s faculty and student lists),1 and the other of which the Court took under advisement
and decides today. Specifically, the remaining dispute that the Court now addresses is
“whether James Clary must produce documents related to eXmarX.” ECFs 366 at 5-8; 385 at 2;
389 at 2-3; Joint Report Letter (July 5, 2022) at 2, 4-5.
Having granted a thorough hearing to the parties as to the discoverability under Federal
Rule of Civil Procedure 45 of certain disputed documents, see ECF 389, and having thoroughly
considered the materials submitted to chambers, the Court concludes that the only relevant period
of time for the disclosure of eXmarX-related documents ended with the termination of TLC’s lease
on Thunderhead Ranch. Any activity by eXmarX or its agents after that time is neither
sufficiently relevant nor proportional to the needs of this case to require disclosure under Rule
45. The Court further observes that the Spence Defendants have been aware since as early as 2020
of Mr. Clary’s involvement with eXmarX, have acquired through other means substantial
information about eXmarX and his involvement with it, and have long had the information
necessary to determine whether there is any conflict between the missions of eXmarX and TLC.
IT IS THEREFORE ORDERED that Plaintiff’s Motion [ECFs 365-66] is GRANTED
IN PART in that, not later than July 25, 2022, James Clary must produce to the Spence
Defendants all documents in the following categories—but only to the extent these documents
1 See also Local Rule of the United States District Court for the District of Wyoming 37.1(b) (permitting the Court to
hold informal discovery hearings in order to resolve discovery dispute more efficiently).
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existed on or before April 13, 2020, the date on which the Spence Foundation delivered the Notice
of Eviction that terminated TLC’s lease on Thunderhead Ranch:
(1) any sales presentations that Clary made as part of his business development
efforts on behalf of eXmarX;
(2) any non-disclosure agreements that Clary used or entered into on behalf of
eXmarX; and
(3) any documents showing efforts or overtures by Clary to any other members of
TLC’s Board of Directors, including but not limited to Maren Chaloupka and
John Sloan, to associate, join, or partner with Clary in the eXmarX business
enterprise.
IT IS FURTHER ORDERED that the Motion as it relates to the request for production
of Maren Chaloupka’s non-TLC trial skills seminars is GRANTED IN PART AND DENIED IN
PART as explained by the Court on the record during the hearing, see ECFs 385 at 2; 389 at 2.
IT IS FINALLY ORDERED that Plaintiff’s Motion is otherwise DENIED AS MOOT.
SO ORDERED.
________________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE
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