Parker v. Bursor
- Tarnofsky
- 1:24-cv-00245
- U.S. District Court · Southern District of New York
- 1
In Parker v. Bursor, Judge Tarnofsky required briefing before ruling on alternative service of a subpoena for a sanctions hearing.
The defendants seeking alternative service and non-party Wenjie Song, whose subpoenaed appearance was at issue.
What happened
In Parker v. Bursor, the defendants asked to serve a subpoena on non-party Wenjie Song by an alternative method so she would appear at a sanctions hearing.
The court directed the defendants to explain whether Song lives or works within 100 miles of the court. If she does not, they must provide legal authority for requiring her to attend a proceeding more than 100 miles away.
Judge Robyn F. Tarnofsky ordered the defendants to submit that letter by January 27, 2025, but the order did not decide whether alternative service would be allowed.
The detailed version
- Parker v. Bursor · No. 1:24-cv-00245
- Tarnofsky
- Jan. 23, 2025
Background
The defendants requested permission to use an alternative method to serve a subpoena on non-party Wenjie Song. The subpoena sought Song’s appearance at a sanctions hearing scheduled for February 26, 2025.
Court’s Order
The court directed the defendants to submit a letter by January 27, 2025, addressing whether Song’s residence or place of business is within 100 miles of the court. If Song does not reside or work within that distance, the defendants must provide legal authority under Federal Rule of Civil Procedure 45 for requiring her appearance at a proceeding held more than 100 miles from her residence or place of business.
Judge Robyn F. Tarnofsky did not grant or deny the request for alternative service in this order. The order required additional briefing before the court addressed the request.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.