Hernandez Gonzalez v. Speedway LLC
- Sarah Cave
- 1:23-cv-00221
- U.S. District Court · Southern District of New York
- 4
In Hernandez Gonzalez v. Speedway LLC, Judge Cave ordered nonparty Carrero to comply with a deposition subpoena after finding it valid and relevant.
Nonparty Yudelka Carrero was ordered to arrange and attend a deposition concerning the alleged accident; Speedway LLC was authorized to enforce its subpoena.
What happened
In Alejandro Hernandez Gonzalez v. Speedway LLC, Speedway subpoenaed nonparty Yudelka Carrero to testify at a deposition because she allegedly witnessed the accident, took photographs, and sent them to Hernandez Gonzalez. Carrero did not appear for the scheduled deposition.
Speedway asked the court to require Carrero to comply. The court found that the subpoena was properly served, valid, and sought information relevant and important to the personal-injury case. The court also noted that Carrero did not respond to later efforts to arrange her appearance.
Judge Sarah L. Cave granted Speedway’s renewed motion and enforced the subpoena. She ordered Carrero to contact Speedway’s counsel by March 20, 2024, arrange a mutually convenient deposition date, and appear no later than March 28, 2024. The court warned that noncompliance could lead to a contempt finding and sanctions.
The detailed version
- Hernandez Gonzalez v. Speedway LLC · No. 1:23-cv-00221
- Sarah Cave
- Mar. 12, 2024
Background
This personal-injury action concerns an alleged accident involving Alejandro Hernandez Gonzalez. Speedway LLC issued a subpoena to nonparty Yudelka Carrero requiring her to appear for an in-person deposition on December 20, 2023. Carrero allegedly witnessed the accident, took photographs of Hernandez Gonzalez at the scene, and sent the photographs to him. Hernandez Gonzalez later produced the photographs to Speedway.
Speedway served the subpoena by mailing it to Carrero’s home in the Bronx and leaving it with her son at that home. Carrero did not appear for the deposition. Speedway filed a motion seeking, among other things, an order requiring her to comply. After the court temporarily held the motion while the parties tried to arrange a voluntary deposition, Speedway renewed the motion after reporting that those efforts had been unsuccessful.
Court’s analysis
Federal Rule of Civil Procedure 45 permits an attorney to issue and sign a subpoena. The court explained that a nonparty subpoena may be enforced when it was properly served and seeks information relevant and material to the case. The court found that Carrero’s testimony met that relevance requirement because she was alleged to be an eyewitness and had taken and transmitted photographs from the accident scene.
After reviewing the affidavit of service, the court also found that the subpoena was valid and properly served. Carrero did not comply with the subpoena, did not appear to oppose the motion, and did not respond to later efforts to contact her about the subpoena. These circumstances supported enforcement.
Ruling
Judge Sarah L. Cave granted Speedway’s renewed motion and enforced the subpoena against Carrero. The court ordered Carrero to promptly contact Speedway’s counsel, and no later than March 20, 2024, to arrange a mutually convenient deposition date. The deposition was required to occur no later than March 28, 2024. The court warned that failure to comply with the order and subpoena could result in a contempt finding and sanctions. Speedway was ordered to serve Carrero with a copy of the order by March 13, 2024, and file proof of service.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.