Russell v. Maman

Background

Legion Industries, Inc., Legion Industries, Inc. doing business as Shields Corps Security, and Ryan Micheletti—collectively called “Micheletti/Legion” in the order—asked the court for an order requiring non-party Tara Walsh to show why she should not be held in contempt for failing to comply with a deposition subpoena. The subpoena required Walsh to appear remotely by Zoom for a deposition on February 26, 2021. The subpoena was personally served on Walsh’s father at Walsh’s residence in Chappaqua, New York. Micheletti/Legion asserted that Walsh initially agreed to the deposition date but failed to confirm the deposition and did not attend it.

Jurisdiction over the subpoena

Federal Rule of Civil Procedure 45 governs subpoenas directed to people who are not parties to a case. Challenges to a subpoena, including a request to hold someone in contempt for not obeying it, generally must be decided by the federal court for the district where compliance is required. For a non-party deposition subpoena, the required place of compliance must be within 100 miles of where the person lives, works, or regularly conducts business in person. The court that issued the subpoena may transfer an enforcement motion in certain circumstances, including when the subpoenaed person agrees or when exceptional circumstances exist.

The Northern District of California issued the subpoena, but the court found no indication that compliance was required in that district. The subpoena required Walsh, who resided in New York, to attend a remote deposition by Zoom, and Micheletti/Legion’s own email referred to the deposition time as Eastern Time and “your time.” The court therefore concluded that compliance was not shown to be required in Northern California and that it lacked jurisdiction to enforce the subpoena.

Ruling

The court denied Micheletti/Legion’s motion for an order to show cause regarding contempt without prejudice. The order did not impose contempt sanctions against Walsh.