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