FORGIONE v. HCA, INC., 3:13-cv-337-RS-CJK. (2013)
Court: District Court, N.D. Florida
Number: infdco20130530b96
Visitors: 10
Filed: May 29, 2013
Latest Update: May 29, 2013
Summary: ORDER RICHARD SMOAK, District Judge. Before me is the Government's Motion for Temporary Restraining Order (Doc. 3). The Government removed a portion of a state court case to quash subpoenas for depositions against federal employees. "[R]emoval of an action pursuant to 1442(a) normally brings to federal court the entire action. `However, proceedings to enforce a subpoena against a federal officer may be determined to be ancillary to the state court action, such that the subpoena proceeding
Summary: ORDER RICHARD SMOAK, District Judge. Before me is the Government's Motion for Temporary Restraining Order (Doc. 3). The Government removed a portion of a state court case to quash subpoenas for depositions against federal employees. "[R]emoval of an action pursuant to 1442(a) normally brings to federal court the entire action. `However, proceedings to enforce a subpoena against a federal officer may be determined to be ancillary to the state court action, such that the subpoena proceedings..
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ORDER
RICHARD SMOAK, District Judge.
Before me is the Government's Motion for Temporary Restraining Order (Doc. 3). The Government removed a portion of a state court case to quash subpoenas for depositions against federal employees. "[R]emoval of an action pursuant to § 1442(a) normally brings to federal court the entire action. `However, proceedings to enforce a subpoena against a federal officer may be determined to be ancillary to the state court action, such that the subpoena proceedings are removable but the underlying civil action remains in state court.'" Pollock v. Barbosa Group, Inc., 478 F.Supp.2d 410, 413 (W.D.N.Y 2007). Plaintiffs do not object to the Government's motion. Therefore, the Motion for Temporary Restraining Order is GRANTED pursuant to Fed. R. Civ. P. 65. Plaintiffs are enjoined from enforcing the subpoenas until the Government's forthcoming dispositive motion on the propriety of the subpoenas is resolved.
ORDERED.
Source: Leagle
