In re Madison Williams & Co., LLC
United States Bankruptcy Court for the Southern District of New York
January 7, 2014, Decided
Case No. 11-15896, Chapter 7
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO QUASH SUBPOENAS
UNITED STATES BANKRUPTCY JUDGE
KeyBanc Capital Markets, Inc. ("KeyBanc"), and Sylvia Barnes ("Barnes," and together with KeyBanc, the "Witnesses") move to quash non-party subpoenas (the "KeyBanc Subpoena" and the "Barnes Subpoena," collectively the "Subpoenas") served by Gregory Messer, the Chapter 7 Trustee ("Messer" or the "Trustee") of the estate of Madison Williams and Company, LLC ("Madison Williams" or the "Debtor") and further move for a protective order prohibiting the Trustee from enforcing the Subpoenas (the "Motion," ECF Doc. # 135-1). The Subpoenas seek documents and testimony from the Witnesses pursuant to Fed. R. Bankr. P. 2004. Counsel for the Trustee filed a response to the Motion (the "Response," ECF [*2] Doc. # 161). The Court heard argument on January 6, 2014.
The Motion to quash the Subpoenas is granted because the Subpoenas were improperly served pursuant to Federal Rule of Civil Procedure 45 since the Subpoenas were issued by the U.S. Bankruptcy Court for the Southern District of New York, and the Witnesses are both located in Houston, Texas. The Motion is denied, however, to the extent it seeks a protective order with respect to the scope of the discovery sought from the Witnesses as part of the Rule 2004 examination. The scope of the information sought is properly within the scope of permissible inquiry by the Chapter 7 Trustee in investigating the acts, conduct, or property of the Debtor. Therefore, while the Court will enter an order quashing the subpoena—and the court that issues any new subpoenas will have to consider any new motion to quash—the Court denies the Motion insofar as it seeks a protective order concerning the scope of the requested examination. The scope of the Rule 2004 examination that the Trustee seeks to undertake is proper.
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2014 Bankr. LEXIS 50 *; 2014 WL 56070
In re: MADISON WILLIAMS and COMPANY, LLC, Debtor.
Notice: NOT FOR PUBLICATION
Subpoenas, Witnesses, documents, undue burden, deals, deposition, protective order, good cause, confidential, motion to quash, trade secret, discovery
Civil Procedure, Discovery & Disclosure, Discovery, Subpoenas, Bankruptcy Law, Bankruptcy, Case Administration, Examinations of Debtors