SmileDirectClub LLC v. Align Technology Incorporated

Filing 14

ORDER - IT IS ORDERED that Align's motion to transfer (Doc. #8 ) is GRANTED. This matter is hereby transferred to the United States District Court for the Middle District of Tennessee. See document for complete details. Signed by Judge Douglas L Rayes on 6/1/2021. (WLP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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SmileDirectClub LLC,
Petitioner,

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ORDER

v.

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No. MC-21-00021-PHX-DLR

Align Technology Incorporated,

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Respondent.

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Petitioner SmileDirectClub LLC (“SDC”) currently is a defendant in a nationwide

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class action lawsuit pending in the United States District Court for the Middle District of

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Tennessee, Ciccio v. SmileDirectClub, LLC, et al., Case No. 3:19-845. As part of that

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litigation, SDC served a subpoena duces tecum on Respondent Align Technology

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Incorporated (“Align”), who is not a party to the Tennessee case. SDC’s subpoena seeks

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production of fifteen categories of documents. Align objected to the subpoena and refused

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to produce any documents. Consequently, on April 15, 2021, SDC filed a motion with this

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Court seeking enforcement of its subpoena. (Doc. 1.) SDC filed its motion here because

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Align is headquartered in Tempe, Arizona. In response, Align both argues the merits of

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the subpoena and asks that the Court transfer this matter to the Middle District of Tennessee

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so that the court overseeing the underlying lawsuit can determine whether the subpoena

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seeks relevant and proportional information. (Doc. 8.) In reply, SDC “takes no position

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regarding [Align’s] Motion to Transfer[.]” (Doc. 13.)

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Federal Rule of Civil Procedure 45(f) allows the Court to “transfer a motion under

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this rule to the issuing court if the person subject to the subpoena consents or if the court

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finds exceptional circumstances.” Here, the entity subject to the subpoena—Align—not

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only consents to such a transfer but has affirmatively requested it. The Court therefore

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may transfer the motion, and in its discretion finds such a transfer warranted. Indeed, the

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issuing court overseeing the underlying litigation is in a superior position to assess the

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relevance and proportionality of SDC’s subpoena. Accordingly,

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IT IS ORDERED that Align’s motion to transfer (Doc. 8) is GRANTED. This

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matter is hereby transferred to the United States District Court for the Middle District of

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Tennessee.
Dated this 1st day of June, 2021.

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Douglas L. Rayes
United States District Judge

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