United States District Court, S.D. West Virginia, Charleston Division
L. Tinsley United States Magistrate Judge
before the Court is the Motion of Defendant, McFarlane
Aviation, Inc., to Quash Plaintiffs' Subpoena Directed to
Aviall, Inc. 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).
their Subpoena to Produce Documents, Information, or Objects
or to Permit Inspection of Premises in a Civil Action,
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
(3) Records of all sales or purchases of McFarlane Aviation
products to customers in West Virginia from 2012 until
(4) List of customers in West Virginia who purchased Cessna
Aircraft Company 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.
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
Subpoena Directed to Aviall, Inc.
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 ...