Eichenwald v. Rivello
321 F. Supp. 3d 562 · District Court, D. Maryland · 2018
Facts
Plaintiff Eichenwald sued Defendant Rivello for sending a strobe GIF that allegedly caused Eichenwald to have a seizure. During discovery, Plaintiff issued subpoenas to third parties seeking information about a "Rivello Legal Defense Fund" and related statements. Defendant moved to quash these subpoenas.
Issue
Does a defendant have standing to challenge third-party subpoenas when they do not claim a personal right, privilege, or proprietary interest in the information sought, nor demonstrate personal burden?
Holding
The court denied the defendant's motion to quash, finding he lacked standing because he failed to assert a personal right, privilege, or proprietary interest in the subpoenaed information, or demonstrate personal burden.
Rule
A party generally lacks standing to challenge a subpoena issued to a third-party unless they claim a privilege, proprietary interest, or personal interest in the subpoenaed matter, or can show personal annoyance, embarrassment, oppression, or undue burden.
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