DISTRICT OF UTAH, CENTRAL DIVISION

DIGECOR, INC., a Washington corporation,

Plaintiff

vs.

E.DIGITAL CORPORATION, a Delaware corporation; et al.WILLIAM BLAKELEY; FRED FALK; and DOES 1 to 20, individuals;

Defendants.

Plaintiff digEcor, Inc. hereby submits its Motion to Quash or Modify Subpoenas, regarding the subpoenas issued by e.Digital to non-parties DeCuir, Inc., Triad Engineering, Inc., VPI Engineering, and Wolf Electronix Corporation (collectively referred to as "digEcor Suppliers") and to non-parties Aeroflot Russian Airlines, Hawaiian Airline, Inc., Jetstar Airlines, Inc., L’Avion International, Inc., MaxJet Airways, Inc., Midwest Airlines, Inc., and Pakistan International Airlines, Inc. (collectively referred to as the "digEcor Customers").

The objectionable requests to the digEcor Suppliers are requests nos. 1, 2, 4, 5, 8, 11-15, 22, 24, and 25. The specific objectionable requests to the digEcor Customers are requests nos. 11, 12, 13, and 14. Further, digEcor objections to all of the requests in the subpoenas to digEcor Customers because they are not limited in time.

digEcor moves the Court to quash the non-party subpoenas on the following grounds. First, the subpoenas are overbroad, failing to limit their requests in either time or scope. Second, the subpoenas to digEcor Suppliers impose an undue burden on digEcor in violation of Fed. R. Civ. P. 45(c)(3)(A)(iv) because they seek the production of the broadest possible array of technical documentation and data that is wholly irrelevant to any claims asserted. Third, the subpoenas seek the disclosure of a trade secret, or other confidential research, development, or commercial information protected under Fed. R. Civ. P. 45(c)(3)(B)(i). Fourth, the subpoenas to digEcor’s Customers serve merely to vex and harass digEcor by damaging its business relationships.

For these reasons, digEcor moves the Court to quash the subpoenas. If the Court concludes that the subpoenas should not be quashed, digEcor moves the Court to modify the subpoenas to eliminate the problems they present related to irrelevance, burden, breadth, and confidential information.

SLC_181815 2

CERTIFICATION OF GOOD FAITH EFFORTS TO MEET AND CONFER

digEcor’s counsel has met and conferred with e.Digital’s counsel in an attempt to resolve this issue raised in this motion. However, digEcor has been unable to reach a satisfactory compermise with e.Digital regarding the subpoenas. This motion is supported by the accompanying memorandum and declaration of David W. Tufts, filed concurrently herewith.

DATED this 11th day of April, 2008.

DURHAM JONES & PINEGAR

/s/ David W. Tufts

David W. Tufts

Erin T. Middleton

Michael S. Malmborg

Attorneys for Plaintiff

SLC_181815

MOTION TO QUASH OR MODIFY SUBPOENAS

Case No. 02:06-CV-00437 TS

Judge Ted Stewart

Judge David Nuffer