FLEETWOOD TRANSPORTATION CORPORATION v. PACKAGING CORPORATION OF AMERICA
1:11-mc-00045
M.D.N.C.Dec 12, 2011Background
- Fleetwood Transportation Corp. and Transportation Consultants, Inc. sue Packaging Corporation of America; Salem Carriers, Inc., Salem Leasing, Inc., and Keller are non-parties to the underlying action.
- Plaintiffs issued identical Rule 30(b)(6) subpoenas for Salem entities and an individual deposition subpoena to Keller on June 23, 2011.
- Discovery in the related action between Fleetwood/Transportation and Packaging Corporation closed on March 14, 2011.
- Movants Salem and Keller moved to quash the subpoenas as untimely because they were issued after the discovery deadline.
- Plaintiffs rely on an Amended Scheduling Order allowing discovery up to trial with consent of all counsel, but no affirmative consent from Packaging Corporation is shown in the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of post-discovery subpoenas | Discovery window extended by consent not shown; subpoenas served after close were untimely | Subpoenas are permitted under Rule 45 as discovery and subject to deadlines | Subpoenas were untimely and quashed |
| Whether Rule 45 subpoenas constitute discovery and are bound by discovery deadlines | Rule 45 subpoenas can be treated like discovery subject to deadlines | Rule 45 subpoenas operate outside discovery once issued to non-parties, independent of deadlines | Rule 45 subpoenas constitute discovery and are subject to discovery deadlines |
| Effect of Amended Scheduling Order on discovery scope | Order permits discovery up to trial with consent of all counsel | Consent from Packaging Corporation not shown; order does not authorize after-deadline discovery | No affirmative consent established; discovery window not extended |
Key Cases Cited
- Mortgage Information Services, Inc. v. Kitchens, 210 F.R.D. 562 (W.D.N.C. 2002) (Rule 45 subpoenas are discovery and tied to scheduling orders)
- Dreyer v. GACS, Inc., 204 F.R.D. 120 (N.D. Ind. 2001) (Subpoenas under Rule 45 are discovery tools subject to deadlines)
- Kitchens, 210 F.R.D. 566 (W.D.N.C. 2002) (If subpoena not timely served, protective order may be granted)