Mount Hope Church, et al v. Bash Back!, No. 11-35632 (9th Cir. 2012)
Annotate this CaseThe Church appealed a sanction order granting attorneys' fees and costs to appellees. The court held that appellant did not take reasonable steps to avoid imposing an undue burden on appellees, who were non-parties to the underlying case. In reversing the sanctions order, the court held that Rule 45(c)(1) could not properly support a sanction where the cost of complying with the subpoena was minimal and there was no showing that the subpoena was facially defective or issued in bad faith.
Court Description: Civil Procedure. The panel reversed the district court’s sanction order granting attorneys’ fees and costs under Federal Rule of Civil Procedure 45(c)(1). The order, which followed the quashing of a subpoena seeking identifying information for seven e-mail account holders, found that appellant did not take reasonable steps to avoid imposing an undue burden on appellees, who were non- parties to the underlying case. In reversing the sanctions order, the panel held that Rule 45(c)(1) cannot properly support a sanction where the cost of complying with the subpoena is minimal and there is no showing that the subpoena was facially defective or issued in bad faith.
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