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The Office of the Commissioner of Baseball v. Sitrick

REPLY MEMORANDUM OF LAW re: 6 Order to Show Cause,,,, 10 MOTION to Intervene. MOTION to Quash Subpoena of Michael S. Sitrick or in the alternative. MOTION for Protective Order issued to Michael S. Sitrick. Reply Memorandum of Law in Further Support of Petitioner's Request For An Order Compelling Compliance With A Subpoena and In Opposition to Motion to Quash. Document

38 Cited authorities

  1. Upjohn Co. v. United States

    449 U.S. 383 (1981)   Cited 4,314 times   133 Legal Analyses
    Holding that communications between corporate counsel and a corporation's employees made for the purpose of rendering legal advice are protected by the attorney-client privilege

  2. Burnham v. Superior Court of Cal., Marin County

    495 U.S. 604 (1990)   Cited 704 times   7 Legal Analyses
    Holding that personal service in a state is sufficient for establishing personal jurisdiction

  3. Charles Dowd Box Co. v. Courtney

    368 U.S. 502 (1962)   Cited 575 times
    Holding that state courts have concurrent jurisdiction over § 301 claims

  4. Romo v. Gulf Stream Coach, Inc.

    250 F.3d 1119 (7th Cir. 2001)   Cited 337 times
    Holding that "federal courts may apply state procedural rules to pre-removal conduct"

  5. Federal Insurance v. Tyco International, Ltd.

    422 F. Supp. 2d 357 (S.D.N.Y. 2006)   Cited 199 times
    Holding that motion to remand was timely where it was filed several weeks late because of failure to comply with court's individual practices and because of pre-motion conference scheduling

  6. Lee v. City of Beaumont

    12 F.3d 933 (9th Cir. 1993)   Cited 128 times
    Holding that a district court's "discretionary remand of pendant state claims is a reviewable order"

  7. Norsyn, Inc. v. Desai

    351 F.3d 825 (8th Cir. 2003)   Cited 89 times
    Holding that the district court did not abuse its discretion when it dismissed the case without prejudice because the plaintiff failed to properly serve the defendant within 120 days after filing the complaint

  8. First American Corp. v. Price Waterhouse LLP

    154 F.3d 16 (2d Cir. 1998)   Cited 86 times   3 Legal Analyses
    Holding that personal service of a subpoena on a general partner established personal jurisdiction over a partnership and allowed a court to compel it to comply with a subpoena

  9. In re Flag Telecom Holdings, Ltd. Securities Litigation

    236 F.R.D. 177 (S.D.N.Y. 2006)   Cited 66 times
    Finding that a former senior executive of a company must produce documents in possession of that company

  10. Calvin Klein Trademark Trust v. Wachner

    198 F.R.D. 53 (S.D.N.Y. 2000)   Cited 77 times
    Holding that the attorney-client privilege and work-product doctrine did not protect the majority of a public relations firm's documents

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 100,772 times   689 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  12. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 17,703 times   113 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

  13. Section 308 - Personal service upon a natural person

    N.Y. C.P.L.R. § 308   Cited 5,411 times
    Providing for "nail and mail" service and for service "in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section"

  14. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. C.P.L.R. § 302   Cited 4,377 times   7 Legal Analyses
    Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

  15. Rule 81 - Applicability of the Rules in General; Removed Actions

    Fed. R. Civ. P. 81   Cited 3,865 times   6 Legal Analyses
    Recognizing that the Federal Rules of Civil Procedure "apply to proceedings for habeas corpus . . . to the extent that the practice in those proceedings: is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions."

  16. Section 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,602 times
    Codifying caselaw that incorporates "doing business" standard

  17. Section 2303 - Service of subpoena; payment of fees in advance

    N.Y. C.P.L.R. § 2303   Cited 203 times

    (a) A subpoena requiring attendance or a subpoena duces tecum shall be served in the same manner as a summons, except that where service of such a subpoena is made pursuant to subdivision two or four of section three hundred eight of this chapter, the filing of proof of service shall not be required and service shall be deemed complete upon the later of the delivering or mailing of the subpoena, if made pursuant to subdivision two of section three hundred eight of this chapter, or upon the later

  18. Section 2-B - General powers of courts of record

    N.Y. Jud. Law § 2-B   Cited 184 times   1 Legal Analyses

    A court of record has power 1. to issue a subpoena requiring the attendance of a person found in the state to testify in a cause pending in that court, subject, however, to the limitations prescribed by law with respect to the portion of the state in which the process of the local court of record may be served; 2. to administer an oath to a witness in the exercise of the powers and duties of the court and; 3. to devise and make new process and forms of proceedings, necessary to carry into effect

  19. Section 2 - Courts of record

    N.Y. Jud. Law § 2   Cited 78 times

    Each of the following courts of the state is a court of record: 1. The court for the trial of impeachments. 2. A court on the judiciary. 3. The court of appeals. 4. The appellate division of the supreme court in each department. 5. The supreme court. 6. The court of claims. 7. A county court in each county, except the counties of New York, Bronx, Kings, Queens and Richmond. 8. The family court. 9. A surrogate's court in each county. 10. Each city court outside the city of New York. 11. The district

  20. Section 7505 - Powers of arbitrator

    N.Y. CPLR 7505   Cited 26 times
    Empowering arbitrators with the ability to issue oaths