Supreme Court of Alabama

Ex Parte Loube Consulting International, Inc. (in Re Partridge, Smith, P.c., on Its Behalf and on Behalf Of…

March 12, 20102010 Ala. LEXIS 35

Summary

The court granted mandamus relief and directed the circuit court to enter a protective order against specified discovery requests seeking information about the defendants' facsimile transmissions. It concluded that ordinary appeal would not adequately remedy the burden and expense of the discovery and that the requests were overly broad because they required the defendants to create detailed lists and manually review thousands of records. The court also held that the plaintiff's effort to identify putative class members did not justify the discovery as propounded under the ordinary discovery rules.