Am. Plan Adm'rs v. S. Broward Hosp. Dist.
39f4th59
2d Cir.2022Background
- South Broward Hospital District filed a putative class action in the Southern District of Florida against claims-administration companies.
- South Broward served a third-party subpoena on American Plan Administrators (APA), a Brooklyn-based third-party claims administrator.
- APA moved in the Eastern District of New York to quash the subpoena, asserting E.D.N.Y. was the proper place for compliance under Fed. R. Civ. P. 45.
- The E.D.N.Y. district court transferred APA’s motion to the issuing court (S.D. Fla.) under Rule 45(f), citing the pending underlying litigation and related transfers.
- APA appealed the transfer to the Second Circuit; South Broward moved to dismiss the appeal for lack of jurisdiction.
- The Second Circuit held the Rule 45(f) transfer order is non-final and not immediately appealable under the collateral order doctrine, and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an order transferring a Rule 45(f) motion to the issuing court is immediately appealable under the collateral order doctrine | APA: collateral order doctrine allows immediate appeal because transfer would otherwise be unreviewable | South Broward: transfer is non-final and can be reviewed by the transferee circuit after final judgment, avoiding piecemeal appeals | Transfer order is non-final; not immediately appealable; appeal dismissed |
Key Cases Cited
- Petrello v. White, 533 F.3d 110 (2d Cir. 2008) (defines final decision under 28 U.S.C. § 1291)
- United States v. Bescond, 24 F.4th 759 (2d Cir. 2021) (sets elements of the collateral order doctrine)
- Middlebrooks v. Smith, 735 F.2d 431 (11th Cir. 1984) (transferee circuit may review transfer order after final judgment)
- SongByrd, Inc. v. Estate of Grossman, 206 F.3d 172 (2d Cir. 2000) (transferee-circuit review of transfer orders)
- Cruz v. Ridge, 383 F.3d 62 (2d Cir. 2004) (§ 1631 transfer orders not immediately appealable)
- Fort Knox Music Inc. v. Baptiste, 257 F.3d 108 (2d Cir. 2001) (§ 1404(a) transfer orders not immediately appealable)
- Michael v. INS, 48 F.3d 657 (2d Cir. 1995) (§ 1406(a) transfer orders not immediately appealable)
- Stolt-Nielsen SA v. Celanese AG, 430 F.3d 567 (2d Cir. 2005) (orders denying motion to compel third-party subpoenas can be immediately appealable when in different circuits)