`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`
`FINTIV, INC.,
`
`Movant,
`
` v.
`
`STMICROELECTRONICS, INC.,
`
`Respondent.
`
`
`
`ORDER
`
`No. 3:20-mc-00079-G-BT
`
`Before the Court is Movant Fintiv, Inc.’s Rule 45 Motion to Compel
`
`Compliance with Subpoena (ECF No. 1), seeking an order compelling non-party
`
`STMicroelectronics, Inc., which maintains an office in Coppell, Texas, to comply
`
`with a February 25, 2020 subpoena to appear for a deposition and produce
`
`documents at a location in Dallas, Texas, issued by the United States District Court
`
`for the Western District of Texas. The Court issues the following orders with
`
`respect to the Motion to Compel:
`
`1.
`
`Movant’s counsel is ordered to personally serve a copy of this Order,
`
`together with the Motion, on STMicroelectronics and all counsel of
`
`record in the underlying litigation in the United States District Court for
`
`the Western District of Texas, by December 21, 2020. Movant’s
`
`counsel must file a certificate of service by December 28, 2020.
`
`1
`
`
`
`Case 1:21-cv-00044-ADA Document 6 Filed 12/14/20 Page 2 of 3
`
`2.
`
`Federal Rule of Civil Procedure 45(f) provides that, “[w]hen the court
`
`where compliance is required did not issue the subpoena, it may transfer
`
`a motion under [Rule 45] to the issuing court if the person subject to the
`
`subpoena consents or if the court finds exceptional circumstances.” A
`
`court may find exceptional circumstances exist and “transfer may be
`
`warranted in order to avoid disrupting the issuing court’s management
`
`of the underlying litigation.” Fed. R. Civ. P. 45(f), advisory committee’s
`
`note to 2013 amendment. Accordingly, the Court ORDERS Movant and
`
`STMicroelectronics to each file a response to this Order by January 4,
`
`2021, explaining their views on whether the Motion to Compel should be
`
`transferred under Rule 45(f) to the United States District Court for the
`
`Western District of Texas and resolved in connection with the underlying
`
`action, Fintiv, Inc. v. Apple, Inc., 1:19-cv-01238-ADA (W.D. Tex.).
`
`3.
`
`Should the Court determine transferring the Motion to Compel under
`
`Rule 45(f) is improper, STMicroelectronics must file its response to the
`
`Motion to Compel by January 11, 2021, and Petitioner must file any
`
`reply in support of its Motion by January 20, 2021.
`
`4.
`
`The Court will hold a hearing on the motion via Zoom video call on
`
`January 21, 2021, at 10:00 a.m. The Court will distribute the Zoom
`
`link closer to the hearing date.
`
`2
`
`
`
`Case 1:21-cv-00044-ADA Document 6 Filed 12/14/20 Page 3 of 3
`
`SO ORDERED.
`
`December 14, 2020.
`
`REBECCA RUTHERFORD
`UNITED STATES MAGISTRATE JUDGE
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
