Smith v. Smith

FITZWATER, District Judge:

This is an appeal from an order of the magistrate judge quashing a trial subpoena duces tecum served on a mediator appointed by a state court. The parties who issued the subpoena contend the mediator’s testimony is necessary to refute plaintiffs claims in the present suit that relate to the settlement of state court lawsuits that the witness mediated. Without approving the magistrate judge’s recognition of a mediator privilege, the court discerns no basis to disturb the order and therefore affirms.

I

Plaintiff Andrew L. Smith (“Andrew”) brings this action against…