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Singer & Levick
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Appeal | Filed: May 07, 2024 | Entered: May 07, 2024 Mitchell v. Chow
Bankruptcy Appeal (801) | Texas Eastern
Appellees Brief
Appellee's BRIEF by Michelle Chow. Appellant Reply Brief due by 5/21/2024. (Hoodenpyle, Todd)
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Order | Filed: April 18, 2024 | Entered: April 18, 2024 GXO Logistics Supply Chain v. Young Living Essential Oils LC et al
Other Statutes: Other Statutory Actions | Texas Northern
Order on Motion for Protective Order Order on Motion to Quash
ELECTRONIC ORDER:
This action involves a Federal Rule of Civil Procedure 45 subpoena issued by the United States District Court for the Northern District of Mississippi, in connection with Case No. 3:23-cv-611-SA-RP pending in that court, seeking to require Non-Party CR3 Partners, LLC to produce documents, electronically stored information, or objects at a location located in Memphis, Tennessee. See Dkt. No. 1. Although opened as a new civil action, this matter is functionally a miscellaneous action in which CR3 Partners has filed a Motion to Quash and for Protective Order that invokes Federal Rules of Civil Procedure 26(c)(1) and 45(d)(1) and asks the Court to grant a protective order prohibiting the discovery requested by GXO Logistics Supply Chain, Inc. (the plaintiff in the underlying action in the Northern District of Mississippi).
As to the motion to quash, Rule 45(d)(1) provides: "A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction -- which may include lost earnings and reasonable attorney's fees -- on a party or attorney who fails to comply." Here, the subpoena at issue requires compliance in Memphis, Tennessee. See Dkt. No. 1. And so any Federal Rule of Civil Procedure 45(d)(1) motion to quash -- whether filed by a party claiming to have standing to move to quash or by the non-party target of the subpoenas -- was required to be filed in the United States District Court for the Western District of Tennessee, as the court in the district where compliance with the subpoena is required. See Fed. R. Civ. P. 45(d)(1); accord CSS, Inc. v. Herrington, 354 F. Supp. 3d 702 (N.D. Tex. 2017).
Rule 26(c)(1) likewise provides that "[a] party or any person from whom discovery is sought may move for a protective order in the court where the action is pending." Fed. R. Civ. P. 26(c)(1). Here, the United States District Court for the Northern District of Mississippi is the court where the underlying action is pending, and Rule 26(c)(1) authorizes only that court to issue a protective order.
Where a motion to quash or modify is properly filed in the court for the district where compliance is required, Federal Rule of Civil Procedure 45(f) provides that, "[w]hen the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if the person subject to the subpoena consents or if the court finds exceptional circumstances." Fed. R. Civ. P. 45(f). But this provision, by its terms, does not apply to CR3 Partners's Motion to Quash and for Protective Order because the motion was filed in a court that is neither the court where compliance is required nor the issuing court. See id. Rule 45(f) therefore provides no authority for this Court to transfer this Motion to Quash and for Protective Order.
The Court DENIES Non-Party CR3 Partners, LLC's Motion to Quash and for Protective Order [Dkt. No. 1] without prejudice to refiling in an appropriate court under Federal Rules of Civil Procedure 26(c) and 45(d).
(Ordered by Magistrate Judge David L. Horan on 4/18/2024.)
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Motion | Filed: April 12, 2024 | Entered: April 18, 2024 GXO Logistics Supply Chain v. Young Living Essential Oils LC et al
Other Statutes: Other Statutory Actions | Texas Northern
Protective Order
MOTION for Protective Order filed by CR3 Partners LLC. (See document 1 for image.) (mcrd)
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