McRaney v. The North American Mission Board of the Southern Baptist Convention, Inc.

Filing 197

ORDER denying 177 Motion to Quash. Signed by Magistrate Judge David A. Sanders on 12/21/22. (cs)

Case: 1:17-cv-00080-GHD-DAS Doc #: 197 Filed: 12/21/22 1 of 2 PageID #: 1422

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
WILL MCRANEY

PLAINTIFF

V.

CIVIL ACTION NO. 1:17-CV-80-GHD-DAS

THE NORTH AMERICAN MISSION BOARD
OF THE SOUTHERN BAPTIST CONVENTION, INC.

DEFENDANT

ORDER DENYING MOTION TO QUASH
Non-party Baptist Convention of Maryland/Delaware, Inc. (“BCMD”) has filed a motion
to quash subpoenas issued by the defendant The North American Mission Board of the Southern
Baptist Convention, Inc. (“NAMB”). Docket 177. Federal Rule of Civil Procedure 45(a)(2)
provides that “a subpoena must issue from the court where the action is pending.” Fed. R. Civ. P.
45(a)(2). Appropriately, the subject subpoenas were both issued from this court. See Docket 1771, 177-2. However, Rule 45(d)(3)’s applicable provisions only allow “the court for the district
where compliance is required” to quash or modify a subpoena. Fed. R. Civ. P. 45(d)(3).
NAMB served a subpoena duces tecum on BCMD which commands production at a
specific location in Washington D.C. Docket 177-1. NAMB also served a deposition subpoena
for “Bill Warren, c/o Angela B. Grau, Davis, Agnor, Rapaport & Skalny, LLC, 10211 Wincopin
Circle, Suite 600, Columbia, Maryland 21044.” Docket 177-2. While the subpoena is for a
“place, date, and time to be determined,” Federal Rule of Civil Procedure 45(c)(1)(A) limits a
deposition subpoena to “within 100 miles of where the person resides, is employed, or regularly
transacts business in person.”

Case: 1:17-cv-00080-GHD-DAS Doc #: 197 Filed: 12/21/22 2 of 2 PageID #: 1423

Because Rule 45(d)(3)(A) and (B) both require that a motion to quash or modify be filed
with “the court for the district where compliance is required,” BMCD’s motion to quash is
denied.
This the 21st day of December, 2022.
/s/ David A. Sanders
UNITED STATES MAGISTRATE JUDGE