United States of America v. In Re: Subpoena Issued to Former U.S.D.A. Employee Joseph Marino in the Matter of Barnes v. Vallari Bros. Food
5:25-mc-00013
E.D.N.C.May 19, 2025Background
- Joseph W. Marino, a former USDA employee, was served with a state court subpoena to testify in the matter of Barnes v. Villari Bros. Food et al., a civil case in North Carolina state court.
- The United States is not a party in the underlying lawsuit but became involved to challenge the subpoena issued to its former employee.
- The United States removed the subpoena proceeding to federal court and moved to quash the subpoena.
- The government argued that the testimony sought concerns matters within the scope of Marino's former USDA duties and that the subpoenaing party did not comply with federal agency (Touhy) regulations.
- No response was filed by the party who issued the subpoena.
- The federal court considered whether the subpoena could be enforced against a former federal employee under these circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether former federal employee can be compelled to testify about official duties absent agency approval | Plaintiff subpoenaed Marino to testify in state court | United States: No testimony allowed unless Touhy regulations followed | Court held that subpoena is unenforceable; motion to quash granted |
Key Cases Cited
- United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951) (agency regulations may limit employees' response to subpoenas)
- Smith v. Cromer, 159 F.3d 875 (4th Cir. 1998) (federal employee cannot be forced to comply with subpoena in violation of valid regulations)