Lisa Keck v. AG Drilling, Inc., S&A Hauling, Inc., and Ramon Reynosa

Summary

The United States District Court for the District of Delaware granted Defendants’ motion to quash a subpoena seeking the deposition of a nonparty insurance claims adjuster. The court held that the subpoena was facially defective under Federal Rule of Civil Procedure 45(c)(1)(A) because it required the Arizona resident to appear for a deposition in Wilmington, Delaware, more than 100 miles from his residence. The court did not reach the defendants’ additional arguments concerning relevance, burden, or confidentiality.

Holdings

1. A subpoena commanding a nonparty Arizona resident to appear for a deposition in Wilmington, Delaware, more than 100 miles from the person's residence, is facially defective and must be quashed under Federal Rule of Civil Procedure 45(c)(1)(A).
2. Because the subpoena was facially defective under the 100-mile rule, the court did not need to reach Defendants' additional arguments concerning relevance, burden, or confidentiality.

Questions Presented

1. Whether the subpoena requiring nonparty Joshua Satchell, an Arizona resident, to attend a deposition in Wilmington, Delaware exceeded the 100-mile geographic limit in Federal Rule of Civil Procedure 45(c)(1)(A).
2. Whether the subpoena should be quashed on grounds of relevance, undue burden, or confidentiality.

Disposition

other