Burns v. Bank of Am., 2007 U.S. Dist. LEXIS 40037, at *44-45 (S.D.N.Y. June 4, 2007).
The Court recognized that Rule 45 of the Federal Rules of Civil Procedure provides for the service of a subpoena “to produce and permit inspection, copying, testing, or sampling of designated books, documents, electronically stored information, or tangible things in the possession, custody or control of that person, or to permit inspection of premises, at a time and place therein specified.” Fed. R. Civ. P. 45(a)(1)(C). Further, the rule does not prohibit the service of subpoenas upon parties to an action.
