7
Il.
We begin with personal jurisdiction, along with the
closely related question of venue. Defending the district
court’s decision, AF Holdings contends that any consideration
of such issues is premature where, as here, the as-yetunknown defendants have yet to raise these defenses. It relies
primarily on Anger v. Revco Drug Co., 791 F.2d 956 (D.C.
Cir. 1986), in which we reiterated the general rule that
“personal jurisdiction is a matter to be raised by motion or
responsive pleading.” Jd. at 958.
In Anger, however, we faced a situation very different
from the one we confront here. There, we considered a district
court’s sua sponte dismissal of a complaint for lack of
personal jurisdiction. We held that such a dismissal is
improper because “before the complaint has been served and
a response received, the court is not positioned to determine
conclusively
whether
personal jurisdiction
exists.” Jd.
(emphasis
added).
In
other
plaintiff has no obligation to
until the defendant has raised
e.g., Caribbean Broadcasting
Wireless PLC, 148 F.3d 1080,
(“CBS’s obligation to make
personal jurisdiction arose ...
motion to dismiss... .”).
words,
to
bring
an
action
a
establish personal jurisdiction
that defense. See id.; accord,
System, Ltd. v. Cable &
1090 (D.C. Cir. 1998) (CBS)
some allegations relating to
only after CCC had filed its
Different principles apply where, as here, a plaintiff seeks
not just to file a complaint, but instead attempts to use the
machinery of the courts to force a party to comply with its
discovery demands. Federal Rules of Civil Procedure 45 and
26
set
forth
the
relevant
considerations.
Rule
45(d)(3)(A)
requires a district court to “quash or modify a subpoena that
... Subjects a person to undue burden.” If a subpoena compels
disclosure of information that is not properly discoverable,