Craig v. Cornerstone Trading Group

Case Number: 1:23-cv-01575-TWP-MJD

Court: U.S. District Court for the Southern District of Indiana

Client: Mike Emery

Background: On Aug. 28, 2026, Mike Emery, a reporter for Western Wayne News, received a subpoena to testify in a class-action lawsuit concerning a warehouse fire that displaced thousands of Richmond, Indiana, residents in 2023. The attorney for defendants Cornerstone Trading Group and Seth Smith said they issued the subpoena in connection with a news article Emery wrote about the fire. 

On behalf of Emery, Reporters Committee Indiana-based attorney Kris Cundiff filed a motion to quash the subpoena, arguing that it places an undue burden on the journalist and seeks information that’s protected by the reporter’s privilege under Indiana’s Shield Law and the First Amendment. The motion asks the court to quash the subpoena and award Emery reasonable attorney’s fees.

The court ordered Cornerstone Trading Group and Smith to file a response to Emery’s motion to quash by Sept. 11, 2026.

Update: On Sept. 11, 2026, U.S. District Court Judge Tanya Walton Pratt quashed the subpoena, concluding that it was unduly burdensome. The judge will consider awarding Emery attorney’s fees, and ordered Cornerstone Trading Group and Smith to respond to Emery’s request for fees by Oct. 2, 2026.    

Quote: “Because they are often keen observers, meticulous note keepers, and effective commutators, journalists like Mr. Emery can be tempting subpoena targets for parties and counsel looking for a shortcut,” the brief in support of Emery’s motion to quash argues. “Absent the protections of Rule 45 and the other state, common law and Constitutional principles at play here, such subpoena power would undoubtedly result in an intrusion into journalists’ ability to freely collect and disseminate newsworthy information to the public and undermine the public perception of impartiality that is critical to a free press.”

Filings:

2026-09-09: Motion to quash subpoena

2026-09-09: Brief in support of motion to quash subpoena

2026-09-09: Declaration of Kristopher Cundiff

2026-09-09: Declaration of Mike Emery

2026-09-10: Order directing expedited response to motion to quash

2026-09-11: Order granting non-party’s motion to quash subpoena