Linder, David v. Calero-Portocarrero

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that § 702 effectuates a waiver of sovereign immunity as to Rule 45 subpoenas, so the Federal Rules apply
• acknowledging that while its “past decisions assumed that ‘person’ includes the federal government,” it has “never expressly so held”
• suggesting that even $9,000 may be sufficient significant to justify shifting costs under Rule 45(d)(2)(B)(ii)
• observing that this provision “creates no enforceable rights on behalf of any party. It provides no cause of action. It is simply a general statement of policy”
• explaining that a “court must protect the nonparty by requiring the party seeking discovery to bear at least enough of the expense to render the remainder ‘nonsignificant.’”
• noting that $9,000 may be sufficiently significant to justify cost-shifting

Source: CourtListener parenthetical corpus (CC0).