Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Starr Adjustment Services, Inc. v. Rucker

United States District Court, D. Hawaii

September 15, 2017

STARR ADJUSTMENT SERVICES, INC., Petitioner,
v.
KATRINA RUCKER, Respondent.

          ORDER GRANTING PETITIONER'S MOTION FOR ATTORNEYS' FEES AND COSTS

          Kevin S.C. Chang United States Magistrate Judge.

         Before the Court is Petitioner Starr Adjustment Services, Inc.'s (“Starr”) Motion for Attorneys' Fees and Costs, filed July 12, 2017. On July 26, 2017, Starr filed a Statement of Consultation, representing that Respondent Katrina Rucker did not respond to its request for consultation.[1] On July 28, 2017, Plaintiff filed a “Certificate of Service: Response to Starr's Request for Phone Conference”[2] in Rucker v. Air Ventures Hawaii, LLC, Civil No. 16-00492 KSC, the civil action to which this miscellaneous case relates. Civil No. 16-00492 KSC, Doc. No. 118. The response, improperly filed and incorrectly submitted in Rucker, stated:

I am currently in the middle of preparing for an April 2018 District Court trial, and as I am also recovering from a concussion, I can not [sic] assist you with a phone conference at this time. I will be available on June 22, 2018 at 12pm (pacific standard time).

Id.

         Plaintiff did not file an opposition to Starr's Motion. After careful consideration of Starr's submissions and the applicable law, the Court HEREBY GRANTS the Motion for the reasons stated below.

         BACKGROUND

         In Rucker, by letter dated April 19, 2017, Ms. Rucker submitted a “formal application request for the attached six(6) subpoenas needed for immediate serving, ” which included a subpoena addressed to “Shari Thompson/Star Companies Insurance”. Civil No. 16-00492 KSC, Doc. No. 86. The Clerk of Court responded on April 24, 2017, and returned the subject subpoena to Plaintiff because it did not include Plaintiff's contact information. Civil No. 16-00492 KSC, Doc. No. 87. In her response, the Clerk of Court advised Plaintiff that she may resubmit the subject subpoena for issuance after providing the requisite information. Id.

         On or around April 24, 2017, Starr received the subject subpoena.

         On April 28, 2017, Starr filed a Motion to Quash Subpoena Dated April 18, 2017.

         On June 28, 2017, this Court issued an Order Granting (1) Defendants' Motion to Quash Plaintiff's Subpoenas Dated April 14, 2017 and (2) Starr Adjustment Services, Inc.'s Motion to Quash Subpoena Dated April 18, 2017 (“Order”). Doc. No. 10. The Court quashed the subject subpoena, along with others, because Ms. Rucker failed to obtain the signature of the Clerk of Court; she failed to personally serve the subpoenas; and the subpoenas were unduly burdensome and provided insufficient time to comply.

         DISCUSSION

         Starr presently requests $4, 802.50 in attorneys' fees and $46.00[3] in costs against Ms. Rucker as a sanction for her violation of Federal Rules of Civil Procedure (“FRCP”) 26(g)(1)(B) and 45(d)(1). FRCP 45(d)(1) provides:

A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction--which may include lost earnings and reasonable attorney's fees--on a party or attorney who fails to comply.

         Fed. R. Civ. P. 45(d)(1). FRCP 45(d)(1) sanctions are discretionary, Legal Voice v. Stormans, Inc., 738 F.3d 1178, 1185 (9th Cir. 2013), and “courts have discretion over the type and degree of sanction imposed.” Mount Hope Church v. Bash Back!, 705 F.3d 418, 425 (9th Cir. 2012). One form ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.