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Amgen Inc. v. Kidney Center of Delaware County, Ltd.

879 F. Supp. 878 (1995)

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Amgen Inc. v. Kidney Center of Delaware County, Ltd.

United States District Court for the Northern District of Illinois
879 F. Supp. 878 (1995)

  • Written by Tammy Boggs, JD

Facts

Amgen Inc. (plaintiff) and Ortho Pharmaceutical Corp. were involved in an arbitration in Chicago, which was within the territorial jurisdiction of the Northern District of Illinois. In connection with the arbitration, the arbitrator determined that relevant material was in the possession of a nonparty to the arbitration, Kidney Center of Delaware County, Ltd. (KCDC) (defendant), which was located within the territorial jurisdiction of the Eastern District of Pennsylvania. The arbitrator issued a deposition and document-production subpoena, and Amgen served the subpoena on KCDC. KCDC objected, and the arbitrator ruled against KCDC. After KCDC refused to comply, Amgen filed a motion to compel compliance in the Eastern District of Pennsylvania. KCDC opposed the motion, arguing that under the Federal Arbitration Act (FAA), an arbitrator’s subpoena could be enforced only by a court in the district in which the arbitrator was sitting. Amgen transferred the action to the Northern District of Illinois and renewed its motion to compel production. KCDC opposed enforcement of the arbitrator’s subpoena once again, arguing that the arbitrator’s subpoena power was subject to territorial limitations as provided by the Federal Rules of Civil Procedure (FRCP).

Rule of Law

Issue

Holding and Reasoning (Gettleman, J.)

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