Magistrate Judge H. Kenneth Schroeder
Oldread was hurt in 2008, while working as a laborer on the construction of an exhibit at the Buffalo Zoo. Specialty concrete firm Carvedrock LLC was Manning Squires Henning’s (MSH) subcontractor on the project. Buffalo Zoo’s insurer Travelers and MSH tendered defense and indemnification of Oldread’s personal injury action to Carvedrock’s insurer Burlington on the ground that MSH’s contract with Carvedrock required Carvedrock to name MSH and the Buffalo Zoo as additional insureds. After disclaiming coverage, Burlington’s Jan. 29, 2013, subpoena sought documents and deposition testimony concerning the parties’ various insurance policies and communications. The court quashed Burlington’s subpoena as unduly burdensome. As the sole issue was whether the Buffalo Zoo was an additional insured under Burlington’s policy, the only possibly relevant information sought by Burlington was the contracts between the Buffalo Zoo, MSH and Carvedrock, and should Buffalo Zoo prevail in the parties’ litigation, Travelers’ policy defending the zoo. However, because those documents could easily have been requested from the Buffalo Zoo during the normal course of discovery, Burlington’s subpoena was unduly burdensome.
