Sands et al v. Bernstein et al, No. 1:2007cv09824 - Document 54 (S.D.N.Y. 2010)
Court Description: OPINION re: #98581 48 MOTION to Quash Subpoena of Susan Forester filed by Jane Holmes Bernstein, Leonard Bernstein. The District Court for the District of Massachusetts has issued the subpoena the Defendants seek to quash and Defendants must therefore move for quashal in that court, not this one. The motion is denied. It is so ordered. (Signed by Judge Robert W. Sweet on 2/16/2010) (tve) Modified on 2/23/2010 (ajc).
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NICHOLAS SANDS et al, Plaintiffs, OPINION -againstLEONARD BERNSTEIN 07 Civ. 9824 & JANE HOLMES BERNSTEIN, Defendants. A P P E A R A N C E S : Attorney for Plaintiff RIVKIN RADLER, LLP 926 Rexcorp Plaza uniondale, NY 11556 By: Barry I. Levy, Esq. Attorney for Defendant BRODY BENARD & BRANCH LLP 205 Lexington Ave New York, NY 10016 BY: Jody Carol Benard, Esq. Joshua David Lindy, Esq. S w e e t , D.J. Defendants have moved to quash the subpoena of Susan Forester issued by Plaintiff. Forester was an art appraiser who appraised Andy Warhol's "Martinson Coffee" ("Martinson") for Defendants, which they eventually auctioned off through Sotheby's. In light of her involvement with the instant dispute, the relevant material which Forester could provide would be limited to her knowledge, if any, about the sale of Martinson and the Defendants' arrangement with Sotheby's in connection with that sale. However, under Rule 45, Fed. R. Civ. P., this Court lacks jurisdiction to decide the instant motion. That rule provides that a motion to quash "is to be granted by 'the issuing court"' rather than the court in which the case is pending, if the two are different. Practice 5 45.50. Moore's Fed. The District Court for the District of Massachusetts has issued the subpoena the Defendants seek to quash and Defendants must therefore move for quashal in that court, not this one. The motion is denied. It is so ordered.