During a recent court hearing, Kaleida Health was unable to prevent participants in its retirement plan from serving subpoenas on Mercer Investment Consulting and Nikon Peabody LLP. Although the attempt was unsuccessful, Kaleida may have another chance to challenge the subpoenas in another court.
Mercer Investment Consulting, located primarily in New York, poses a challenge to Kaleida because any attempt to block a subpoena seeking information from Mercer must be conducted through the Southern District of New York. This is according to Magistrate Judge Jeremiah J. McCarthy of the US District Court for the Western District of New York, who made that clear during the hearing.
As for the subpoena issued to Nikon Peabody LLP, it remains uncertain which court will handle any attempts to quash it. This creates some uncertainty for Kaleida Health as they move through the legal process in response to subpoenas being served on these entities. The outcome of this legal proceeding could have significant implications for all parties involved.