On August 26th, the Ninth Circuit addressed the issue of which federal district court should determine whether to quash a non-party subpoena in an SEC enforcement action: the court in which the underlying action is brought or the court issuing the subpoena. The Ninth Circuit held that Federal Rule of Civil Procedure Rule 45 requires that the court issuing the subpoena, not the court where the underlying action is pending, entertain a motion to quash or modify a subpoena. SEC v. Gewerter.