Kaleida Health Loses Battle Against Subpoenas in Retirement Plan Case; Southern District of New York to Resolve Dispute

Kaleida Health was unsuccessful in preventing participants in its retirement plan from serving subpoenas on Mercer Investment Consulting and Nikon Peabody LLP. However, the court has ruled that their efforts must be resolved in the Southern District of New York, where it is not clear from the record where the call to Nixon Peabody should be handled.

Magistrate Judge Jeremiah J. McCarthy of the U.S. District Court for the Western District of New York ruled that Kaleida’s attempt to block the subpoena against Mercer, which is based in New York, must be resolved in the Southern District of New York. The judge noted that it was not clear from the record where the call to Nixon Peabody should be handled.

This decision allows pension plan participants to continue their efforts to obtain information from Mercer and Nikon Peabody through the legal process. Kaleida Health will have another chance to make its case in another court if they decide to take further action to block the subpoenas.