FORGIONE et al v. HCA INC et al

Filing 7

ORDER granting 3 MOTION For Temporary Restraining Order pursuant to Fed. R. Civ. P. 65. Plaintiffs are enjoined from enforcing the subpoenas until the Governments forthcoming dispositive motion on the propriety of the subpoenas is resolved. Signed by JUDGE RICHARD SMOAK on 5/29/2013. (jem)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JOSEPH C. FORGIONE and CHARLENE LYNN FORGIONE DIETZ, as co-personal representatives of the ESTATE OF ANTHONY “TONY” FORGIONE, deceased, Plaintiffs, v. CASE NO. 3:13-cv-337-RS-CJK HCA, INC.; FORT WALTON BEACH MEDICAL CENTER, INC.; CHUCK J. HALL; WAYNE CAMPBELL; ROLAND GARRIGA; and DIXIE FERGUSON, Defendants. _________________________________/ ORDER Before me is the Government’s Motion for Temporary Restraining Order (Doc. 3). The Government removed a portion of a state court case to quash subpoenas for depositions against federal employees. “[R]emoval of an action pursuant to § 1442(a) normally brings to federal court the entire action. ‘However, proceedings to enforce a subpoena against a federal officer may be determined to be ancillary to the state court action, such that the subpoena proceedings are removable but the underlying civil action remains in state court.’ ” Pollock v. Barbosa Group, Inc., 478 F.Supp.2d 410, 413 (W.D.N.Y 2007). Plaintiffs do not object to the Government’s motion. Therefore, the Motion for Temporary Restraining Order is GRANTED pursuant to Fed. R. Civ. P. 65. Plaintiffs are enjoined from enforcing the subpoenas until the Government’s forthcoming dispositive motion on the propriety of the subpoenas is resolved. ORDERED on May 29, 2013. /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE