Opinion
2:18-cv-10193
02-25-2022
ALLSTATE INSURANCE COMPANY, et al., Plaintiffs, v. ORTHOPEDIC, P.C., et al., Defendants.
ORDER TRANSFERRING MOTION [149] TO THE SOUTHERN DISTRICT OF INDIANA
STEPHEN J. MURPHY, III United States District Judge.
Plaintiff Allstate Insurance Company served a non-party subpoena on JPMorgan Chase Bank that requested documents related to accounts controlled by non-party Jiab Suleiman. ECF 149, PgID 4133-34. Mr. Suleiman then moved to quash the subpoena under Federal Rule of Civil Procedure 45(d)(3)(A). Id. at 413637. But the Court must transfer the motion to quash to the Southern District of Indiana.
The subpoena seeks the production of documents from JPMorgan Chase Bank. ECF 149-1, PgID 4158. And the subpoena specifically requires compliance in Indianapolis, Indiana. Id. (“[P]hysically produce to: Allstate Insurance Company, 5757 Decatur Blvd., Suite 260, Indianapolis, IN 46241.”) Indianapolis is in Marion County, which is within the Southern District of Indiana's jurisdiction. 28 U.S.C. § 94(b)(1). Because Rule 45(d)(3)(A) allows only the district court “where compliance is required [to] quash or modify a subpoena, ” the Court lacks jurisdiction to decide Suleiman's motion. See Howard Univ. v. Borders, No. 2:20-mc-51282, 2021 WL 1614395, at *2 (E.D. Mich. Apr. 26, 2021) (Murphy, J.). The Southern District of Indiana, instead, is the proper court to decide the motion. See Fed. R. Civ. Pro. 45(d)(3)(A); 28 U.S.C. § 94(b)(1). Thus, the Court will order the Clerk of the Court to transfer the motion to quash, ECF 149, and its accompanying filings, ECF 151; 154; 155, to the Southern District of Indiana.
WHEREFORE, it is hereby ORDERED that the Clerk of the Court must TRANSFER the motion to quash [149] and its accompanying filings [151, 154, 155] to the Southern District of Indiana.
SO ORDERED.