St. Clair County, Illinois and Macon County, Illinois, Individually and on Behalf of all other counties in the State of Illinois v. Trinity Industries, Inc. et al

Filing 11

Judge Indira Talwani: ORDER entered granting 2 Motion to Transfer Case (Talwani, Indira)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ST. CLAIR COUNTY, ILLINOIS, et al.,
Plaintiffs,
v.
TRINITY HIGHWAY INDUSTRIES,
INC., and TRINITY HIGHWAY
PRODUCTS, LLC,
Defendants.

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M.B.D. No. 16-mc-91286-IT

ORDER
September 23, 2016
TALWANI, D.J.
The Safety Institute, Inc. (“TSI”) initiated this ancillary action by filing a Motion to
Quash Defendants’ Subpoena Duces Tecum [#1] and a Request to Transfer Motion to Quash to
Issuing Court [#2], namely, the United States District Court for the Southern District of Illinois.
Having afforded the parties issuing the subpoena, Defendants Trinity Industries, Inc. and Trinity
Highway Products, LLC (together, “Trinity”), to show cause why the court should not grant the
motion to transfer, and having fully considered Trinity’s response, the court ALLOWS the
motion to transfer.
TSI properly filed its motion to quash in this court as “the court for the district where
compliance is required.” Fed. R. Civ. P. 45(d)(3)(A). This court, having not issued the subpoena,
“may transfer a motion to quash to the issuing court if the person subject to the subpoena
consents . . . .” Fed. R. Civ. P. 45(f).
Here, TSI consents to the transfer. The motion to quash argues in part that some of the
discovery sought is irrelevant. The court in the underlying action, which is already familiar with

the issues in this case would be better suited to hear the motion to quash. And, if necessary to
enforce its order, “the issuing court may transfer the order” back to this court. Fed. R. Civ. P.
45(f).
For these reasons, TSI’s Request to Transfer Motion to Quash [#2] is ALLOWED. The
clerk is directed to transfer the Motion to Quash [#1] to the United States District Court for the
Southern District of Illinois, where the underlying action, St. Clair County, IL, et al. v. Trinity
Industries, Inc. and Trinity Highway Products, LLC, No. 14-cv-01320, is pending.
IT IS SO ORDERED.
September 23, 2016

/s/ Indira Talwani
United States District Judge

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