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In re Xarelto (Rivaroxaban) Products Liability Litigation

United States District Court, E.D. Louisiana

May 25, 2017

IN RE XARELTO (RIVAROXABAN) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: Orr et al. No. 15-3708

         SECTION L

          NORTH MAG. JUDGE

          ORDER AND REASONS

          ELDON E. FALLON JUDGE

         Before the Court is Defendants' Motion to Quash the Subpoena for Sanjay Jalota to Appear and Testify at a Hearing or Trial in a Civil Action. (R. Doc. 6556). Plaintiffs oppose the motion. (R. Doc. 6571). Having reviewed the parties' briefs and applicable law and having heard the parties on oral argument the Court now issues this Order and Reasons.

         I. BACKGROUND

         Plaintiffs have issued a subpoena out of this Court to Sanjay Jalota, the Senior Director of Global Regulatory Affairs at Janssen Research & Development, ordering him to appear at Federal Court in New Jersey to give live video testimony for a trial in New Orleans. Mr. Jalota lives and works in New Jersey. On March 3 and 4, 2016, Plaintiffs took a videotaped deposition of Mr. Jalota that lasted over sixteen hours. They now seek to have Mr. Jalota testify at trial via live video testimony from New Jersey.

         Recognizing this Court's earlier ruling in the Boudreaux trial, Defendants filed this Motion to Quash Subpoena, arguing that (1) Plaintiffs attempt to require a witness to travel out of state and more than 100 miles to testify is in contravention of federal rules, and (2) that a video testimony, which would be streamed to New Orleans, would circumvent the federal rules' geographic limits on compelling live trial testimony. (R. Doc. 6556).

         Plaintiffs oppose the Motion, arguing the subpoena is complaint with the federal rules and highlighting Mr. Jalota's important role in the development of Xarelto including due diligence for the development and regulatory approval of Xarelto. (R. Doc 6286).

         II. PRESENT MOTION

         Federal Rule of Civil Procedure 45 governs the place of compliance for a trial, and states that the court “must quash or modify a subpoena that . . . requires a person comply beyond the geographical limits specified in Rule 45(c).” Rule 45(c) states:

(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly transacts business in ...

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