Webb v. Dollar Tree Stores, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

BRENDA WEBB, ) ) Plaintiffs, ) ) v. ) CV421-178 ) DOLLAR TREE ) STORES, INC., et al., ) ) Defendants. )

ORDER Defendant Dollar Tree Stores, Inc. (“Dollar Tree”) has filed a motion to compel a response to a subpoena directed to Houston County Medical Center. See generally doc. 26. The subpoena directs Houston County Medical Center to produce documents at the offices of Dollar Tree’s counsel in Atlanta, Georgia. Doc. 26-1 at 4. It is clear, therefore, that Dollar Tree’s motion is not properly before this Court. Courts have explained that, pursuant to the 2013 amendments to Rule 45, “a subpoena must be issued by the court where the underlying action is pending, but challenges to the subpoena area to be heard by the district court encompassing the place where compliance with the subpoena is required.” Woods ex rel. U.S. v. SouthernCare, Inc., 303 F.R.D. 405, 406 (N.D. Ala. 2014). This Court has held that “a subpoena’s place of compliance is the district where documents are to be produced.” See Collins v. Koch Foods, Inc., 2019 WL 2520308, at *2 (S.D. Ga. Jun. 18, 2019) (Hall, C.J.). In this case, therefore, the “place of compliance” is Atlanta, Georgia, which lies in the Northern District. See 28 U.S.C. § 90. Since the subpoena’s “place of compliance” lies outside of this District, the Court lacks jurisdiction over Dollar Tree’s motion. See Collins, 2019 WL 25203808, at *2 (concluding “this Court lacks jurisdiction to hear the motion to compel,” where the compliance was required in the Northern District of Alabama). Accordingly, Dollar Tree’s motion is DENIED. Doc. 26. SO ORDERED, this 18th day of February, 2022. Lago li CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA