Diamond Consortium, Inc. v. Manookian

Filing 143

MEMORANDUM OPINION AND ORDER re 81 MOTION to Compel Third Party Production of Documents From The Dallas Morning News, Inc. filed by Cummins Manookian, PLC, Brian Manookian, Brian Cummings. Defendants Motion to Compel Third Party Production of Documents from The Dallas Morning News, Inc. (Dkt. #81) is hereby transferred to the Northern District of Texas, Dallas Division. Signed by Judge Amos L. Mazzant, III on 11/17/16. (cm, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

DIAMOND CONSORTIUM, INC., DAVID
BLANK
v.
BRIAN MANOOKIAN,
CUMMINS
MANOOKIAN, PLC,
THE DALLAS
MORNING
NEWS,
INC,
BRIAN
CUMMINGS, MARK HAMMERVOLD,
HAMMERVOLD, PLC

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Civil Action No. 4:16-CV-00094
Judge Mazzant

MEMORANDUM OPINION AND ORDER
Pending before the Court is Defendants Brian Manookian, Brian Cummings, and
Cummings Manookian, PLC’s (collectively, “Defendants”) Motion to Compel Third Party
Production of Documents from The Dallas Morning News, Inc. (“Motion”) (Dkt. #81). Having
considered the relevant pleadings and argument of counsel, the Court finds that the Motion
should be transferred to the Northern District of Texas, Dallas Division.
BACKGROUND
On May 27, 2016, Defendants served a subpoena on The Dallas Morning News, Inc.
(“DMN”) requesting:
Any and all records, documents, materials, and/or electronically stored information of
any kind reflecting, regarding, related to, or identifying the identity of each online
commenter to the Dallas Morning News story entitled “What’s behind those
Facebook posts, highway billboards slamming Dallas’ Diamond Doctor” published
May 19, 2016 by Cheryl Hall (including, but not limited to, information related to
each commenter’s: geo-location, IP address, internet service provider, profile, login
information, email address, Facebook account, Twitter Account, Google Account,
and/or Dallas Morning News Account).

The subpoena specifies that compliance is required in the Northern District of Texas, Dallas
Division. On June 16, 2016, DMN served Defendants with its objections to the subpoena

pursuant to Federal Rule of Civil Procedure 45. On August 19, 2016, Defendants filed the
Motion with the Court (Dkt. #81). On September 7, 2016, Plaintiffs’ filed a response (Dkt. #93).
On September 23, 2016, Defendants’ filed a reply (Dkt. #105). DMN filed a response on
November 8, 2016. The Court held a hearing regarding the Motion on November 16, 2016.
LEGAL STANDARD
Matters relating to the enforcement of a subpoena are to be directed to the court “for the
district where compliance is required.” Fed. R. Civ. P. 45(d). Those matters include “the duty to
address objections to a subpoena when the serving party moves the court for an order compelling
production or inspection of documents”. Trover Grp., Inc. v. Dedicated Micros USA, No. 2:13CV-1047-WCB, 2015 WL 11117083, at *1 (E.D. Tex. Mar. 27, 2015) (citing Fed. R. Civ. P.
45(d)(2)(B)(i)).

“While it is true that Rule 45(f) permits the court in the district where

compliance is required to transfer a subpoena-related motion to the issuing court if the person
subject to the subpoena consents or if the court finds exceptional circumstances, the motion must
be filed in the first instance with the court in the district where compliance is required.” Id.
ANALYSIS
Here, the subpoena specifically directs that compliance is to take place within the
Northern District of Texas, Dallas Division. At the hearing regarding the Motion, DMN refused
to consent to the Court’s jurisdiction over the Motion, even though the Court noted the Northern
District of Texas will likely transfer the Motion back to the Court. The Court therefore lacks
authority to address Defendants’ Motion at this time.

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CONCLUSION

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It is therefore ORDERED that Defendants’ Motion to Compel Third Party Production of
Documents from The Dallas Morning News, Inc. (Dkt. #81) is hereby transferred to the Northern
District of Texas, Dallas Division.
SIGNED this 17th day of November, 2016.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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