H-E-B, LP v. Olympia Tools International, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 H-E-B, LP, Case No.: 21-CV-832-GPC(WVG)
Plaintiff,
ORDER DENYING MOTION TO
v. COMPEL COMPLIANCE WITH
THIRD PARTY SUBPOENA
OLYMPIA TOOLS INTERNATIONAL,
INC.,
[Doc. No. 2.] Defendant. 16 17 Pending before the Court is H-E-B, LP’s motion to compel compliance with a third- party subpoena issued to Olympia Tools International, Inc. The Court finds the subpoena is facially invalid because the designated place for production of documents is beyond the 100-mile limit set forth in Federal Rule of Civil Procedure 45(c)(2)(A). Accordingly, the motion to compel is DENIED. Rule 45 was substantially amended in 2013, and subdivision (c) now specifies the place of compliance for a subpoena commanding production of documents must be within 100 miles of where the person resides, is employed, or regularly transacts business in person. Fed. R. Civ. P. 45(c)(2)(A). This requirement “makes…