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Farrar v. Cessna Aircarft Co.

United States District Court, S.D. West Virginia, Charleston Division

February 1, 2019

ARRIN FARRAR and ERIN FARRAR, Plaintiffs,
v.
THE CESSNA AIRCRAFT COMPANY, TEXTRON AVIATION, INC., MCFARLANE AVIATION, INC. and ANDREW SWEPSTON, Defendants.

          ORDER

          Dwane L. Tinsley United States Magistrate Judge

         Pending before the Court is the Motion of Defendant, McFarlane Aviation, Inc., to Quash Plaintiffs' Subpoena Directed to Aviall, Inc.[1] and Memorandum in Support (ECF Nos. 45 and 46), Plaintiffs' Response in Opposition to McFarlane Aviation, Inc.'s Motion to Quash Subpoena Directed to Aviall, Inc. and Memorandum in Support (ECF Nos. 49 and 51).

         In their Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, [2] the Plaintiffs requested the following documents be produced:

(1) Records of all sales or purchases of products manufactured or supplied by Cessna Aircraft Company to customers in West Virginia from 2012 until present;
(2) Records of all sales or products supplied by Textron Aviation, Inc. to customers in West Virginia from 2012 until present;
(3) Records of all sales or purchases of McFarlane Aviation products to customers in West Virginia from 2012 until present;
(4) List of customers in West Virginia who purchased Cessna Aircraft Company[3] products;
(5) List of customers in West Virginia who purchased McFarlane Aviation products;
(6) List of customers in West Virginia who purchased Textron Aviation, Inc. products.

ECF No. 47 at p. 8.

         Background

         This matter arises from a March 26, 2016, incident in which a Cessna 172 aircraft crashed during takeoff at Yeager Airport in Charleston, West Virginia (ECF No. 1). At the time of the incident Plaintiff, Aarin Farrar, was a student pilot. Plaintiff argues that he was injured when his flight instructor's seat slipped causing the instructor to lose control of the aircraft. Defendant McFarlane Aviation has filed a motion to dismiss the Complaint for lack of jurisdiction over its person (ECF No. 9). Subsequently, the Court permitted Plaintiffs to conduct jurisdictional discovery (ECF No. 36). In its Memorandum and Order, the Court mandated that the discovery be limited to the existence of in personam jurisdiction, noting that “Plaintiffs' allegations are not currently sufficient to justify the exercise of personal jurisdiction over Textron and McFarlane, they are enough to cause the Court hesitation in dismissing Textron and McFarlane at this juncture.” (Id.)

         Plaintiffs' Subpoena Directed to Aviall, Inc.

         Plaintiffs seek to issue a subpoena to Aviall, Inc., a distributor of both Cessna and McFarlane, and seek records of their sales of products from each Defendant to entities or persons in West Virginia (ECF No. 50 at p. 2). Plaintiffs seek to issue this subpoena to Aviall, Inc., to determine the amount ...


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