Magistrate Judge Jeremiah J. McCarthy of the US District Court for the Western District of New York ruled that Kaleida’s attempt to block the subpoena on Mercer, who is based in New York City, must be addressed in the Southern District of New York. The judge noted that it is unclear from the record where the subpoena on Nixon Peabody should be handled.
Kaleida Health was unsuccessful in its attempt to prevent participants in its pension plan from serving subpoenas on Mercer Investment Consulting and Nixon Peabody LLP. However, they can pursue their efforts in a different court if they choose to do so.
This decision allows the participants in the pension plan to continue their efforts to obtain information from Mercer and Nixon Peabody through the legal process. Kaleida Health will have another opportunity to present their arguments in a different court if they decide to pursue further action to block the subpoenas.