U.S. District Court, Western District of N.Y. Case Summaries: June

Daily Record (Rochester, NY), Jun 23, 2008

U.S. District Court, Western District of N.Y.

Personal Jurisdiction

Subpoena

Accurso v. Cooper Power

Systems Inc.

06-CV-848S

Judge Scott

Background: In this gender discrimination suit, the defendant filed a motion to compel the examination of a non-party witness. After mailing a subpoena to the witness along with the other papers, no response was received by the parties. The court must determine whether the witness can be held in civil contempt for the failure.

Ruling: The court notes that there appears to be no provision to compel testimony when no materials are sought, and there is an absence of a timely objection. The failure to obey a subpoena is subject to civil contempt if the subpoena is served and the failure to obey is not adequately explained under Fed. R. Civ. P. 45(e). Contempt for failure to appear pursuant to a subpoena depends on its service. The court finds, amid somewhat conflicting precedent, that compulsory process must be served in-person. Since the court has no personal jurisdiction over the witness and the mailing of the papers is insufficient, the motion to compel is denied.

Richard H. Wyssling for the plaintiff, and Louis P. DiLorenzo of Bond, Schoeneck & King for the defendant

Real Property

Forfeiture

U.S. v. Giglia

07-CR-37S

Judge Skretny

Background: In March the defendant pleaded guilty to conspiracy to possess with intent to distribute and to distribute cocaine, an offense that carries a mandatory minimum term of 10 years. Entry of an order of forfeiture was part of the agreement.

Ruling: The defendant's interest and rights in two parcels of real property in Buffalo are ordered forfeited to the United States.

Thomas J. Eoannou of Eoannou, Lana & D'Amico for the defendant, and Charles B. Wydysh, U.S. Attorney's Office, for the United States