SAHU v. UNION CARBIDE CORP

Full title: JANKI BAI SAHU, et al., Plaintiff, v. UNION CARBIDE CORP. and WARREN…

Court: United States District Court, S.D. New York

Date published: Jan 10, 2006

No. 04 Civ. 8825 (JFK) (S.D.N.Y. Jan. 10, 2006)

Opinion

No. 04 Civ. 8825 (JFK).

January 10, 2006

OPINION ORDER

JOHN KEENAN, Senior District Judge

Plaintiffs request international assistance in the form of a Letter Rogatory to obtain documents from a third party. Defendants make several objections to the request. Absent special circumstances, however, a party may not seek a protective order where discovery is sought from a third party. See Commercial Laundry v. Linen Supply Ass'n of Greater N.Y., 90 F.Supp. 470, 472 (S.D.N.Y. 1950); Charles A. Wright Arthur R. Miller, Federal Practice and Procedure § 2035 (1994). The Court is not aware of any special circumstances in this case. Therefore, Defendants lack standing to object to the discovery. The Court will sign the Letter Rogatory.

SO ORDERED.