Nash et al v. Belitz et al

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Kayla Hathcote
From: 	Hall, Justin <justin.hall@nebraska.gov>
Sent: 	Monday, November 17, 2025 11:00 AM
To: 	Kayla Hathcote; carson@ned.uscourts.gov
Cc: 	Guillermo Martinez; jbruno_sherrets.com; Viglianco, Zachary
Subject: 	RE: Motion to Quash - 4:24cv3103
Attachments: 	NDED Rule 45 subpoena with Exhibit A.pdf
Follow Up Flag: 	Follow up
Flag Status: 	Flagged
CAUTION - EXTERNAL:
Hi Judge Carson and all counsel
Here is the summary statement on behalf of the Nebraska Department of Economic Development:
On November 10, 2025, the Nebraska Department of Economic Development (NDED) received a
Rule 45 subpoena for a Rule 30(b)(6) deposition to be taken by the PlaintiƯ on November 18, 2025. The
subpoena and Exhibit A are attached to this email. Prior to the subpoena being formally served, NDED
had served their objection letter with PlaintiƯ’s counsel on November 7, 2025. NDED asserted sovereign
immunity to protect it from third-party subpoenas, as NDED has been dismissed as party to this case by
the Court’s August 19, 2024 Memorandum and Order (Filing 10).
Sovereign immunity is “the constant undercurrent for all state interactions in federal courts.”
Thomas v. FAG Bearings Corp., 50 F.3d 502, 506 (8th Cir. 1995). There is no exception for third-party
subpoenas. Nebraska’s sovereign immunity protects state agencies like NDED from third party
subpoenas. This immunity “prevent[s] the indignity of subjecting a state to the coercive process of
judicial tribunals at the instance of third parties.” Ex parte Ayers, 123 U.S. 443, 505 (1887). That harm
injures a State whether it is named as a defendant in a complaint or made the target of a third-party
subpoena. Third-party discovery requests are a “suit” for purposes of sovereign immunity. Alltel
Commc’ns, LLC v. DeJordy, 675 F.3d 1100, 1103-1105 (8 th Cir. 2012). This is because “third party
subpoenas…command a government unit to appear in federal court and obey whatever judicial
discovery commands may be forthcoming.” Id. at 1103.
Additionally, the requested Rule 30(b)(6) deposition of NDED raises the same sovereign immunity
arguments that are currently on appeal pending before the Eighth Circuit Court of Appeals in Mick v.
Gibbons et al, 8 th Circuit Court of Appeals Case No. 24-1610. The Mick case has been fully briefed, oral
argument was conducted on June 10, 2025, and a decision is expected in due course. The Mick case
involved a lawsuit that was originally against multiple defendants, including the Nebraska State Patrol
(NSP), an instrumentality of the State of Nebraska. The State Defendants, including NSP, were dismissed
from this litigation on sovereign immunity grounds. Subsequently, the plaintiƯ attempted to conduct a
Rule 30(b)(6) deposition of NSP to obtain third-party discovery, despite sovereign immunity. For the same
reasons as the State argued in Mick, NDED is asserting sovereign immunity and objects to the Rule
30(b)(6) deposition that PlaintiƯ is attempting to conduct here.
4:24-cv-03103-RFR-RCC Doc # 37 Filed: 12/01/25 Page 1 of 3 - Page ID #
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If there is any additional information needed, please let me know.
Justin J. Hall
Assistant Attorney General
Office of the Attorney General
1445 K Street, Suite 2115
PO Box 98920
Lincoln, Nebraska 68509-8920
PHONE: (402) 471-1833
FAX: (402) 471-4725
justin.hall@nebraska.gov
From: Kayla Hathcote <Kayla_Hathcote@ned.uscourts.gov>
Sent: Thursday, November 13, 2025 10:02 AM
To: Hall, Justin <justin.hall@nebraska.gov>; carson@ned.uscourts.gov
Cc: Guillermo Martinez <gmartinez@sherrets.com>; jbruno_sherrets.com <jbruno@sherrets.com>
Subject: RE: Motion to Quash - 4:24cv3103
Counsel,
The court understands there is a discovery dispute between the parties. To ensure that the matter is
addressed efficiently and fairly, the following procedures apply:
Both parties are to submit to the court by email to carson@ned.uscourts.gov, and to each other, a
concise statement (no more than three paragraphs) summarizing their respective position by 5:00 p.m.
on Monday, November 17, 2025. Please include copies of any disputed requests, including the
subpoena.
The parties must thereafter meet and confer (either in person or at a minimum by phone) to discuss in
good faith the particular issues as raised in the submissions. This discussion will be required regardless
of prior efforts to confer.
If a discovery dispute call with the court remains necessary after doing so, please jointly review Judge
Carson's calendar at https://www.ned.uscourts.gov/court-calendar, and note that the 1:30-2:30 p.m.
hour is generally reserved for criminal hearings. The parties should then email chambers to confirm that
they have conferred as instructed and propose two or more mutually agreeable dates and times. The
court will select one of the proposed dates and set the hearing, which will be recorded.
Please see the following General Order No. 2025-04 regarding the storage, management, and access to
restricted and sealed documents on CM/ECF, as the court’s procedures have recently changed.
Materials submitted prior to the hearing and the audio recording of the hearing will be uploaded to the
public docket unless there is a request for restriction.
4:24-cv-03103-RFR-RCC Doc # 37 Filed: 12/01/25 Page 2 of 3 - Page ID #
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Thank you,
Kayla N. Hathcote
Law Clerk to U.S. Magistrate Judge Ryan C. Carson
U.S. District Court for the District of Nebraska
Kayla_Hathcote@ned.uscourts.gov
Telephone: (402) 661-7343
From: Hall, Justin <justin.hall@nebraska.gov>
Sent: Thursday, November 13, 2025 8:49 AM
To: carson@ned.uscourts.gov
Cc: Guillermo Martinez <gmartinez@sherrets.com>; jbruno_sherrets.com <jbruno@sherrets.com>
Subject: Motion to Quash - 4:24cv3103
CAUTION - EXTERNAL:
Hi Judge and Counsel
I am requesting a conference be set as soon as possible for discussing a Motion to Quash Rule 45
Subpoena issued against the Nebraska Department of Economic Development. An objection letter has
been previously sent to PlaintiƯ’s counsel outlining the State’s position that a 30b(6) deposition of NDED,
which was dismissed as a party in this case, would violate the State’s sovereign immunity.
Please advise how the Court would like to proceed.
Thank you!
Justin J. Hall
Assistant Attorney General
Office of the Attorney General
1445 K Street, Suite 2115
PO Box 98920
Lincoln, Nebraska 68509-8920
PHONE: (402) 471-1833
FAX: (402) 471-4725
justin.hall@nebraska.gov
CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. Exercise caution when opening
attachments or clicking on links.
CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. Exercise caution when opening
attachments or clicking on links.
4:24-cv-03103-RFR-RCC Doc # 37 Filed: 12/01/25 Page 3 of 3 - Page ID #
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