Kaleida Health’s attempt to prevent participants in its pension plan from serving subpoenas on Mercer Investment Consulting and Nixon Peabody LLP was unsuccessful, but the company can make another attempt in a different court. According to Magistrate Judge Jeremiah J. McCarthy of the US District Court for the Western District of New York, Mercer’s main office is located in New York City, so Kaleida will have to go through the Southern District of New York to challenge the subpoena seeking information from Mercer.
Judge McCarthy noted that it is uncertain which court should handle the Nixon Peabody subpoena. This means that Kaleida Health may need to pursue a different strategy for challenging the subpoena seeking information from Nixon Peabody LLP. The legal proceedings surrounding the subpoenas will continue as the parties navigate the appropriate jurisdictions for addressing the requests for information. It remains to be seen how Kaleida will proceed in its efforts to block the subpoenas from Mercer and Nixon Peabody.