Thompson v. Intermodal Cartage Co., LLC

Thompson v. Intermodal Cartage Co., LLC · United States District Court for the Southern District of Mississippi, Eastern Division · January 23, 2025 · No. 2:24-cv-34-KS-MTP

Summary

This United States District Court order denies the defendants' motion to quash a subpoena duces tecum directed at a non-party vehicle leasing company. The court grounds its decision on the defendants' failure to comply with local rules requiring a pre-filing good-faith conference, their untimely filing after the subpoena's compliance deadline, and their lack of standing to challenge the request. The court subsequently orders the non-party to produce the responsive documents by January 29, 2025.

Court
United States District Court for the Southern District of Mississippi, Eastern Division
Writing for the Court
Michael T. Parker
Jurisdiction
United States District Court for the Southern District of Mississippi, Eastern Division
Decision date
January 23, 2025
Docket number
2:24-cv-34-KS-MTP
Procedural posture
Defendant's motion to quash subpoena duces tecum
Standard of review
de novo
Precedential value
nonprecedential
Disposition
other

Topics

discovery disputecivil procedure

Practice areas

civil procedure

Questions Presented

  1. Whether the motion to quash the subpoena was timely under Fed. R. Civ. P. 45(d)(3)(A).
  2. Whether Defendants have standing to challenge the subpoena duces tecum served on a non‑party.

Holdings

  1. The motion was untimely because it was filed after the subpoena compliance deadline and therefore is denied.
  2. Defendants lack standing to challenge the subpoena, and the motion is denied.

Key quotations

First, “[m]otions regarding subpoenas are considered discovery motions and are governed by the procedural requirements that govern discovery motions.” L.U. Civ. R. 45(e).

Factual background

Plaintiffs served River City Capital Leasing, LLC with a subpoena on December 13, 2024 requesting documents identifying vehicles leased to Intermodal Cartage Co., LLC between June 1, 2022 and December 22, 2022. Defendants filed a motion to quash the subpoena on January 6, 2025, ten days after the compliance deadline, asserting lack of standing and failure to follow good‑faith conference requirements.

Procedural history

Plaintiffs served a subpoena duces tecum on non‑party River City Capital Leasing, LLC. Defendants filed a motion to quash the subpoena on January 6, 2025, alleging lack of standing and untimeliness. The court denied the motion.

Court Document

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