Emmet G. Sullivan, United States District Judge.
Pending before the Court is third party Auto-ISAC, Inc.'s ("Auto-ISAC")
Plaintiffs filed a class action complaint against FCA and Harman in the Southern District of Illinois on August 4, 2015. Auto-ISAC's Mem. in Supp. of Mot. to Quash Third-Party Subpoena Duces Tecum ("Auto-ISAC's Mem. Supp."), ECF No. 1-1 at 2-3; Pls.' Opp. to Auto-ISAC's Mot. to Quash Third-Party Subpoena Duces Tecum ("Pls.' Opp."), ECF No. 10 at 5.
Auto-ISAC is a non-profit organization that was incorporated on August 17, 2015 and is headquartered in Washington, D.C. Auto-ISAC's Mem. Supp. at 3; Auto-ISAC's Reply at 19. The automotive industry
Federal Rule of Civil Procedure 45(f) states in relevant part:
Fed. R. Civ. P. 45(f). According to the relevant Advisory Committee Note to the 2013 amendments to Rule 45, when a court assesses whether "exceptional circumstances" exist to permit transfer, the "prime concern should be avoiding burdens on local nonparties subject to subpoenas, and it should not be assumed that the issuing court is in a superior position to resolve subpoena-related motions." Fed. R. Civ. P. 45(f) advisory committee's note. However, "transfer may be warranted in order to avoid disrupting the issuing court's management of the underlying litigation... if such interests outweigh the interests of the nonparty served with the subpoena in obtaining local resolution of the motion." Id. To carry out this balancing test, courts in this Circuit have considered "the complexity, procedural posture, duration of pendency, and the nature of the issues pending before, or already resolved by, the issuing court in the underlying litigation," Judicial Watch, Inc. v. Valle Del Sol, Inc., 307 F.R.D. 30, 34 (D.D.C. 2014), and have considered the goals of judicial economy and the avoidance of inconsistent results. Wultz v. Bank of China, Ltd., 304 F.R.D. 38, 46 (D.D.C. 2014).
Plaintiffs argue that this Court can transfer Auto-ISAC's motion to quash because the issuing court has already dealt with some discovery issues, is more familiar with the underlying facts and issues, and has set the close of fact discovery for December 16, 2016. Pls.' Opp. at 16. Auto-ISAC counters that the underlying action "lacks any complexities that would impair this Court's ability to rule on the instant motion"; that the issuing court's mere familiarity with the underlying issues is "not enough" to warrant transfer; that it would be "severely burden[ed]" by litigation in the Southern District of Illinois; and that
Although Auto-ISAC severely overstates its argument when it asserts that "none" of the relevant factors weigh in favor of transferring its motion to quash, see id. at 20, it is correct to suggest that certain of the usual factors weigh against transferring. First, the underlying suit has only been pending for about 15 months, which is less than the duration of pendency that has weighed in favor of transfer in other cases. See, e.g., Duck v. SEC, No. 16-mc-697, 317 F.R.D. 321, 324-25, 2016 WL 1573444, at *3 (D.D.C. Apr. 19, 2016) (over four years); In re UBS Fin. Servs., Inc. of P.R. Sec. Litig., 113 F.Supp.3d 286, 288 (D.D.C. 2015) (approximately three and a half years); Judicial Watch, 307 F.R.D. at 35 (four years). Second, although this Court is not of the opinion that the underlying litigation is simple or straightforward, its complexity appears to be of a lesser magnitude than that which has weighed in favor of transfer in other cases. See, e.g., In re UBS Fin. Servs., 113 F.Supp.3d at 288 ("complex securities issues"); XY, LLC v. Trans Ova Genetics, L.C., 307 F.R.D. 10, 11 (D.D.C. 2014) ("complex patent infringement suit"). And, third, plaintiffs direct this Court to a limited number of discovery disputes in the underlying action, see, e.g., Pls.' Opp., ECF No. 10-2, Ex. 2, which is a far cry from the "innumerable discovery disputes" that have weighed in favor of transfer in the past. See Judicial Watch, 307 F.R.D. at 35.
On balance, however, consideration of a host of additional circumstances tips the balance in favor of finding "exceptional circumstances" warranting transfer of Auto-ISAC's motion to quash to the Southern District of Illinois. First, one of Auto-ISAC's principal arguments in support of its motion to quash is that the information that plaintiffs seek via their subpoena is irrelevant to the underlying action. See Auto-ISAC's Mem. Supp. at 7-10; Auto-ISAC's Reply at 5-12. As other courts have noted, "`the relevance argument advanced emphasizes the need for the court where the underlying matter lies to decide the matter.'" XY, 307 F.R.D. at 12 (quoting Patriot Nat'l Ins. Grp. v. Oriska Ins. Co., 973 F.Supp.2d 173, 176 (N.D.N.Y. 2013)); see also FDIC v. Galan-Alvarez, No. 15-mc-752, 2015 WL 5602342, at *3 (D.D.C. Sept. 4, 2015) (explaining that making a relevance determination can require a court "to delve into the intricacies of the underlying dispute"). Because the Judge and the Magistrate Judge involved in the underlying case are knee-deep in the nuances of the underlying litigation, they are in a much better position than this Court to evaluate relevance. See Flanagan v. Wyndham Int'l Inc., 231 F.R.D. 98, 103 (D.D.C. 2005). Accordingly, the centrality of the relevance issue to resolving the motion to quash strongly weighs in favor of transferring the motion to the issuing court.
Second, the issuing court is also much better positioned to deal with Auto-ISAC's non-relevance arguments in favor of its motion to quash. Auto-ISAC argues that at least a portion of the information requested by plaintiffs' subpoena is duplicative of information plaintiffs have already sought from defendant FCA. Auto-ISAC's Mem. Supp. at 10-12. Because the issuing court is already immersed in the discovery taking place between the parties and has resolved at least one discovery dispute between them, see Pls.' Opp., ECF No. 10-2, Ex. 2, it is better positioned to scrutinize this duplication argument.
Additionally, contrary to Auto-ISAC's assertion that this Court's resolution of its motion "will not interfere with the discovery schedule established by the issuing court," id. at 21, there is a real risk that refusing to transfer could disrupt the very well-managed discovery in the underlying litigation. Fact discovery is set to close in mid-December, Pls.' Opp. at 16, and the issuing court has put in place a streamlined procedure for resolving discovery disputes "[i]n the interest of reducing delay and expense." Pls.' Opp., ECF No. 10-6, Ex. 6. The time-sensitive nature of discovery and the specific discovery procedures implemented in the underlying litigation weigh in favor of transferring the instant motion to quash. See, e.g., Duck, 317 F.R.D. at 325-26, 2016 WL 1573444, at *4 ("[T]ransfer is appropriate where transfer would avoid interference with a time-sensitive discovery schedule issued in the underlying action.").
Finally — and perhaps most importantly given the guidance in the relevant Advisory Committee Note that the "prime concern" when considering whether to transfer a motion to quash is avoiding burdens on local nonparties subject to subpoenas, Fed. R. Civ. P. 45(f) advisory committee's note — no undue burden would be imposed upon Auto-ISAC if its motion were transferred to the Southern District of Illinois for determination. Auto-ISAC asserts that it would be "severely burden[ed]" if it had to engage in "distant litigation" in the Southern District of Illinois. Auto-ISAC's Reply at 20. It cites a string of cases where courts refused to transfer due to the burden of litigating in distant forums. Id. at 20 n.9. But these cases are inapposite because Auto-ISAC does not explain how it would be burdened by litigating in Illinois. Although Auto-ISAC is headquartered in Washington, D.C., id. at 19, it admits that its interests and reach are far from local in nature, as it describes itself prominently on its Internet homepage as an organization that endeavors "`to enhance cyber security awareness and coordination across the global automotive industry.'" Id. at 11 (quoting https://www. automotiveisac.com/index.php). A corporation aimed at achieving coordination across a global industry that is represented by sophisticated counsel is not burdened by
For the reasons stated above, Auto-ISAC's motion to quash shall be