Arch Specialty Insurance Company v. Ding Sheng Corporation

Summary

The United States District Court for the Eastern District of New York grants Plaintiff Arch Specialty Insurance Company’s motion to compel non-party Xiang Xing Chu to comply with a post-judgment deposition subpoena. The Court concludes that the subpoena topics are relevant and proportional to judgment-enforcement efforts under Federal Rules of Civil Procedure 45 and 69, and directs the deposition to occur by February 6, 2026.

Holdings

1. An attorney-issued subpoena signed by Plaintiff's counsel under Federal Rule of Civil Procedure 45(a)(3) was valid and enforceable against the nonparty.
2. The subpoena's requested discovery concerning the judgment debtor's insurance policies, assets, accounts, ownership, operations, and collection of the judgment was relevant and proportional to execution of the judgment under Rule 69(a)(2).
3. Because the subpoena was valid, the requested discovery was relevant and proportional to judgment execution, and Chu neither complied nor opposed the motion, Plaintiff was entitled to an order compelling compliance.

Questions Presented

1. Whether Plaintiff's attorney-issued subpoena to nonparty Xiang Xing Chu was valid and enforceable under Federal Rule of Civil Procedure 45.
2. Whether the subpoena's topics were relevant and proportional to post-judgment collection under Federal Rule of Civil Procedure 69(a)(2).
3. Whether the absence of opposition or an adequate excuse warranted an order compelling Chu to comply with the subpoena.

Disposition

other