Attorneys for Envirocare and Khosrow B. Semnani asked a federal judge Friday to quash a subpoena seeking the sealed transcript of Semnani's deposition in a Utah civil case.
Semnani was deposed last month by attorneys representing Nuclear Fuel Services Inc., which is accusing Envirocare of conspiracy, extortion and corruption in their competition over storage of low-level radioactive waste in Utah.At the request of lawyers for Semnani and Envirocare, 3rd District Judge Dennis M. Fuchs ordered the transcripts of the deposition sealed until further order of the court.
On May 13, attorneys for Umetco Minerals Corp., which is suing Envirocare in U.S. District Court, obtained a federal court subpoena ordering the lawyers for NPS (the firm of Anderson & Karrenberg) to produce the transcripts of the Semnani deposition.
In the motion to quash, Semnani's and Envirocare's lawyers said the subpoena is a "ruse to vest Anderson & Karrenberg with a self-perceived justification" to deliver the sealed documents to Umetco's law firm, Holme Roberts & Owen.
Semnani is represented by the firms of Nielsen & Senior and Clyde, Snow & Swenson, and Envirocare by the firm of Snow, Christensen & Martineau. Those firms argue in their motion that the protective orders in the 3rd District Court case are binding on all parties, including Anderson & Karrenberg.
"The orders (sealing the deposition) were entered for the protection of Mr. Semnani and Envirocare," the lawyers said. "Consequently, no party in that (state) action nor that party's counsel can release the subpoenaed Semnani deposition without being in contempt of the Utah Court and its orders."
The lawyers are requesting a hearing before U.S. District Judge Tena Campbell on their motion to quash.