Court: United States Bankruptcy Court, W.D. Michigan; October 12, 2017; Us Bankruptcy; United States Bankruptcy Court
A miscellaneous proceeding under Federal Rules of Civil Procedure and Bankruptcy pertains to a subpoena issued by the U.S. Bankruptcy Court for the Northern District of Illinois in the case Reid v. Wolf, with compliance required in the Western District of Michigan. Non-party Robert Kirkbride correctly filed a Motion to Quash the subpoena in Michigan, as mandated by Rule 45(d)(3). He argues the subpoena imposes an "undue burden" by seeking irrelevant information and confidential commercial data from his employer, Bellow Press, Inc., and challenges the request for his computer and devices as excessive.
In response, N. Neville Reid, the chapter 7 trustee and plaintiff, contends that the issuing judge, Hon. Deborah L. Thorne, is better suited to assess the relevance of the information requested, given her familiarity with the case. Reid also highlights a recent denial of a similar motion to quash by Kirkbride’s employer, raising concerns about potential inconsistent rulings between jurisdictions. Reid requests the transfer of the Motion to Quash back to the Northern District of Illinois, citing "exceptional circumstances" as justification.
During a hearing on October 11, 2017, the court consulted with Judge Thorne and concluded there were indeed exceptional circumstances supporting the transfer. While acknowledging the issuing court's familiarity with the case, the court emphasized the importance of minimizing burdens on local nonparties like Kirkbride, aligning with the Advisory Committee Notes to Rule 45, which discourage presumptions about the issuing court's superiority in resolving subpoena-related motions.
Additional discovery hearings are scheduled for next week in the underlying proceedings. The transfer of the Motion to Quash is deemed necessary to maintain the management of this complex case and to prevent inconsistent rulings, following the denial of a similar motion by Bellow Press, Inc. The court emphasizes its obligation under Rule 45 to protect nonparties, which includes conditioning the transfer on Mr. Reid's agreement to allow Mr. Kirkbride and his counsel to participate in the Motion to Quash remotely, subject to Judge Thorne's oversight. Rule 45(f) facilitates this decision by recognizing Mr. Kirkbride’s current counsel as an officer of the issuing court for this motion, negating the need for Mr. Kirkbride to hire new counsel in Chicago. Concerns regarding Mr. Kirkbride's electronic equipment and the potential invasive nature of forensic imaging are acknowledged. The court suggests that cooperative lawyering or an ESI protocol might alleviate these issues. Consequently, the Motion to Quash is transferred without prejudice to the United States Bankruptcy Court for the Northern District of Illinois, with the Clerk instructed to forward the relevant docket and serve copies of the order to the specified attorneys and Judge Thorne. While Mr. Kirkbride is not a party to the underlying case, his association with defendant Melissa Skolnick is noted, and judges in compliance districts are encouraged to consult with the issuing court in similar subpoena-related matters.
