Salim v. State Farm Fire & Casualty Co
Filing
13
MEMORANDUM ORDER granting 10 Motion to Expedite and DENYING 10 Motion to Quash WITHOUT PREJUDICE. Signed by Magistrate Judge Karen L Hayes on 3/24/15. (crt,Crawford, A)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
ABDULHAKIM FAHID SALIM
CIVIL ACTION NO. 3:15CV97
VERSUS
JUDGE ROBERT G. JAMES
STATE FARM FIRE & CASUALTY CO
MAGISTRATE JUDGE HAYES
MEMORANDUM ORDER
Before the undersigned Magistrate Judge, on reference from the District Court, is a
“Motion to Quash Subpoena,” [doc. # 10], filed by Tim Barfield in his official capacity as
Secretary of the Louisiana Department of Revenue (“LDR”). According to the LDR, Defendant
State Farm Fire & Casualty Co. served a subpoena that commands the LDR custodian of records
to appear in Baton Rouge, Louisiana, and produce various records. Id. at 1-2. The LDR asks the
Court to quash the subpoena on the basis that the requested records are confidential and
privileged. Id. at 2.
This Motion is not properly before the Court. Federal Rule of Civil Procedure
45(d)(3)(A) states, “On timely motion, the court for the district where compliance is required
must quash or modify a subpoena that . . . requires disclosure of privileged or other protected
matter . . . .” Here, the subpoena commands the LDR custodian of records to produce documents
in Baton Rouge, Louisiana. [doc. # 10, p. 1]. Consequently, the Middle District of Louisiana,
the “district where compliance is required,” is the proper district in which to seek relief.
Accordingly, the Motion to Quash, [doc. # 10], is DENIED WITHOUT PREJUDICE.
In Chambers, Monroe, Louisiana, this 24th day of March, 2015.
__________________________________
KAREN L. HAYES
UNITED STATES MAGISTRATE JUDGE
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