Kaleida Health did not succeed in their attempt to prevent participants in its pension plan from serving subpoenas on Mercer Investment Consulting and Nixon Peabody LLP. However, they still have the option to pursue this matter 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. This means that if Kaleida Health wants to block the workers from obtaining information from Mercer, they will need to do so through the Southern District of New York.
In regard to the Nixon Peabody subpoena, McCarthy noted that it is unclear from the record where this should be handled. This suggests that further steps may be necessary for Kaleida Health to address the subpoenas issued to Nixon Peabody LLP. Ultimately, Kaleida Health may need to consider their options and decide how to proceed in response to these legal challenges.