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Great Lakes Reinsurance (UK) SE v. Herzig

Subpoena Violates Rule 45 100-mile Limit, Is Quashed

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ORDER A trial in this insurance dispute is scheduled for July 10, 2023. (June 9, 2023 Order (Dkt. No. 134)) Pending before the Court is Great Lakes’ motion to quash a June 15, 2023 subpoena issued by Defendant Herzig to Plaintiff Great Lakes for trial testimony from the Great Lakes “Officer most knowledgeable about [Defendant's] counterclaims in this action.” (Great Lakes Mot. (Dkt. No. 147); Subpoena (Dkt. No. 147) at 10)¹ The subpoena requires in-person attendance by the above-referenced Great Lakes officer at the outset of the trial on July 10, 2023. (Id.) For the reasons stated below, the motion to quash will be granted. BACKGROUND In response to the subpoena, Great Lakes states that its “party officer with the most knowledge regarding [Herzig's] counterclaims is Beric Anthony Usher,” the Managing Director and Senior Underwriter for Concept Special Risks Ltd., Great Lakes’ “managing general agent.” In the alternative, should “the Court require [] that the ‘party officer’ not be [an employee of] a managing agent,” but rather, a Great Lakes employee, Great Lakes states that the “‘party officer’ with the most knowledge concerning [Herzig's] Counterclaims…would be Steve Sensibar, Senior Claims Manager of Great Lakes.” (Great Lakes Supp. Br. (Dkt. No. 162) at 1-2 (capitalization altered)) In his declaration, Usher states that he “reside[s] in Harrogate, North Yorkshire, United Kingdom; [he is] employed [by Concept] in Leeds, West Yorkshire, United Kingdom;…all work [he] perform[s] is done in the United Kingdom;…. [and he does] not regularly transact business in person within 100 miles of 40 Foley Square, New York, New York, nor [does he] regularly transact any business in person anywhere in the State of New York.” (Usher Decl. (Dkt. No. 162-1)

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