Greater Chautauqua Federal Credit Union v. Quattrone

Background

The Cortland County Sheriff, who was not a party to the case, received a subpoena from the plaintiffs. The subpoena sought the production of documents, information, and objects, including electronic documents, from the Cortland County Sheriff’s Office. The Sheriff moved to quash, meaning cancel or modify, the subpoena. The plaintiffs opposed that motion and alternatively cross-moved to compel, meaning order, production of the subpoenaed materials.

Court’s analysis

The court applied Federal Rule of Civil Procedure 45, which governs subpoenas. Under Rule 45, the court for the district where compliance is required has the authority to quash or modify a subpoena. For a subpoena seeking documents or electronically stored information, the place of compliance generally must be within 100 miles of where the person resides, works, or regularly conducts in-person business.

The subpoena identified the Cortland County Sheriff’s Office at 54 Greenbush Street, Cortland, New York. The court concluded that compliance was not required in the Southern District of New York. It therefore lacked the power to rule on the motion to quash. The court also explained that a motion to compel production must be filed in the district where compliance is required, so the plaintiffs’ motion belonged in the Northern District of New York as well.

Ruling

The court denied without prejudice the Cortland County Sheriff’s motion to quash and the plaintiffs’ cross-motion to compel. It stated that the Northern District of New York was the proper district for both motions. The Clerk of Court was respectfully requested to close docket entries 146 and 148. Judge Mary Kay Vyskocil did not decide whether the subpoenaed materials ultimately had to be produced.