Tag: FRCP 45 Third Party Subpoenas

1
In re Modern Plastics Corp. v. New Products Corp., No. 17-2256 (6th Cir. Apr. 26, 2018)
2
United States v. Tennessee Walking Horse Breeders’ and Exhibitors’ Association, No. 17-5925 (6th Cir. March 8, 2018)
3
Swift Beef Co. v. Alex Lee, Inc., No. 18-0105-EFM-KGG (D. Kan. Oct. 31, 2018)
4
Mylan, Inc. v. Analysis Group, Inc., No. 18-mc-209-DDC-TJJ (D. Kan. Aug. 27, 2018)
5
Sines v. Kessler, No, 3:18-mc-80080-JCS (N.D. Cal. Aug. 6, 2018)
6
New Falls Corp. v. Soni, No. 16-cv-6805 (ADS) (AKT) (E.D.N.Y. July 5, 2018)
7
Curtis v. Progressive N. Ins. Co., No. CIV-17-1076-C (W.D. Okla. June 13, 2018)
8
In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation, MDL No. 2785 (D. Kan. May 31, 2018)
9
Wooten v. BNSF Railway Company (D. Mont., 2018)
10
In re Modern Plastics Corp (U.S. Ct. App. Sixth Cir., 2018)

United States v. Tennessee Walking Horse Breeders’ and Exhibitors’ Association, No. 17-5925 (6th Cir. March 8, 2018)

Key Insight: Provide only the information requested, especially if it is simple database records, additional work will not be compensated

Nature of Case: Horse Protection Act

Electronic Data Involved: Database records

Swift Beef Co. v. Alex Lee, Inc., No. 18-0105-EFM-KGG (D. Kan. Oct. 31, 2018)

Key Insight: relevance, proportionality, undue burden, relative access

Nature of Case: contract dispute

Electronic Data Involved: sweeping document request

Keywords: motion to quash, defunct entity, third party subpoena

View Case Opinion

Mylan, Inc. v. Analysis Group, Inc., No. 18-mc-209-DDC-TJJ (D. Kan. Aug. 27, 2018)

Key Insight: compliance with Rule 45 subpoena

Nature of Case: consumer protection/unfair competition

Electronic Data Involved: electronic documents

Keywords: 45(d)(3), relevancy, unretained expert information, confidential research, commercial information, cost-shifting, third party

View Case Opinion

Sines v. Kessler, No, 3:18-mc-80080-JCS (N.D. Cal. Aug. 6, 2018)

Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.

Nature of Case: Suit against supporters of “Unite the Right” rally

Electronic Data Involved: anonymous communications, anonymous user account info, Discord records

Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas

View Case Opinion

New Falls Corp. v. Soni, No. 16-cv-6805 (ADS) (AKT) (E.D.N.Y. July 5, 2018)

Key Insight: production of ESI that party lacks possession of

Nature of Case: breach of contract

Electronic Data Involved: flash drive

Keywords: possession, relevance, custody, control, cost shifting, 34(a), non-party

View Case Opinion

Curtis v. Progressive N. Ins. Co., No. CIV-17-1076-C (W.D. Okla. June 13, 2018)

Key Insight: Whether a subpoena for document production is subject to the 100-mile limitation of FRCP 45

Nature of Case: breach of contract, bad faith, unjust enrichment, fraud

Electronic Data Involved: electronic records

Keywords: FRCP 45, 45(c)(2)(A), 100 mile limit, subpoena duces tecum, nonparty production

View Case Opinion

In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation, MDL No. 2785 (D. Kan. May 31, 2018)

Key Insight: third-party, relevancy, “objections lack support and do not adequately provide a basis for the Court to grant them”

Nature of Case: Antitrust, consumer protection, racketeering

Keywords: overbroad, unduly burdensome, boilerplate, quash

View Case Opinion

In re Modern Plastics Corp (U.S. Ct. App. Sixth Cir., 2018)

Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated

Nature of Case: Trusts and estates

Electronic Data Involved: Emails

Keywords: third party, subpoena, attorney’s fees, reimbursement, cost shifting

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.