United States District Court, E.D. Louisiana
IN RE XARELTO (RIVAROXABAN) PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: Orr et al. No. 15-3708
ORDER AND REASONS
E. FALLON JUDGE
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.
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.
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).
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.
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
(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 ...