Citizens Insurance Company of America v. JAAP Trucking, Inc.
- John Cronan
- 1:21-cv-04201
- U.S. District Court · Southern District of New York
- 2
Citizens Insurance v. JAAP Trucking: Judge Cronan denied Citizens Insurance’s subpoena-enforcement motion without prejudice because compliance was required outside New York.
Citizens Insurance Company of America’s motion to compel third-party Links Insurance Services, LLC, was denied because the Southern District of New York was not the court with authority to enforce compliance required in Trevose, Pennsylvania. The order also affected the pending subpoena dispute involving JAAP Trucking, Inc.
What happened
In Citizens Insurance Company of America v. JAAP Trucking, Inc., Citizens Insurance asked the court to force third-party Links Insurance Services, LLC, to comply with a subpoena for documents. The court ordered Links Insurance to explain why it should not have to comply, but Links Insurance did not file the required response.
The subpoena required Links Insurance to produce documents in Trevose, Pennsylvania. Under the federal subpoena rules, a motion to compel compliance must be decided by the federal court in the district where compliance is required. The court therefore concluded that the Eastern District of Pennsylvania, rather than the Southern District of New York, had authority to decide the motion.
Judge John P. Cronan denied the motion without prejudice and directed the Clerk to close the motion. The order did not decide whether Links Insurance ultimately had to produce the documents.
The detailed version
- Citizens Insurance Company of America v. JAAP Trucking, Inc. · No. 1:21-cv-04201
- John Cronan
- June 23, 2022
Background
Citizens Insurance Company of America, acting as subrogor of Golden Valley Management, Inc., moved to compel third-party Links Insurance Services, LLC, to comply with a subpoena issued under Federal Rule of Civil Procedure 45. The subpoena required Links Insurance to produce documents in Trevose, Pennsylvania. The court ordered Links Insurance to file a letter explaining why the court should not compel compliance, but Links Insurance did not file that letter.
Court’s reasoning
Rule 45 provides that a subpoena must issue from the court where the action is pending, but a motion to compel compliance must be brought in the federal district where compliance is required. Because the subpoena required production in Trevose, Pennsylvania, the court concluded that the Eastern District of Pennsylvania—not the Southern District of New York—had jurisdiction to decide Citizens Insurance’s motion. Links Insurance’s failure to oppose the motion did not allow this court to grant it.
Ruling
Judge John P. Cronan denied the motion without prejudice. The Clerk of Court was directed to close the motion at Docket Number 29. The order did not decide whether Links Insurance was required to comply with the subpoena.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.