23With respect to non-parties in particular, although “[t]he permissible scope of discovery from a non-party is generally the same as that applicable to discovery sought from parties[,] ... [t]he burden on the party from which discovery is sought must, of course, be balanced against the need for the information sought.” Wells Fargo Bank, N.A. v. Konover, No. 3:05CV1924 (CFD)(WIG), 2009 WL 585434, at *5 (D.Conn. Mar. 4, 2009) (applying balancing test of Rule 26(b)(2)(C) to deny in part plaintiff's Rule 45 motion to compel production of documents from non-party).
In performing such a balance, courts have considered the fact that discovery is being sought from a third or non-party,
which weighs against permitting discovery. See, e.g.,
Medical Components, Inc. v. Classic Medical, Inc., 210 F.R.D. 175, 180 n. 9 (M.D.N.C.2002) (“The current generally prevailing view is that the Court may first consider whether information should be obtained by direct discovery from a party, as opposed to from a non-party, and that the court should give special weight to the unwanted burden thrust upon non-parties when evaluating the balance of competing needs.”). See also
Katz v. Batavia Marine & Sporting Supplies, Inc., 984 F.2d 422, 424 (Fed.Cir.1993) ( “Discovery of persons not party to the litigation is contemplated by the Rules. Although Rule 26(b) applies equally to discovery of nonparties, the fact of nonparty status may be considered by the court in weighing the burdens imposed in the circumstances.”) (collecting cases). Within this Circuit, courts have held nonparty status to be a “significant” factor in determining whether discovery is unduly burdensome. Solarex Corp. v. Arco Solar, Inc., 121 F.R.D. 163, 179 (E.D.N.Y.1988), aff'd,
870 F.2d 642 (Fed.Cir.1989) (“Of significance, ... in balancing the competing hardships, is the Society's status as a non-party to this litigation. Under the authorities, this factor is significant in ‘determining whether compliance [with a discovery demand] would constitute an undue burden.’ ”) (citations omitted).