Henschke et al v. Republic Services, Inc. et al

Filing 197

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion of non-parties for an award of attorneys fees incurred in preparing a motion to quash subpoenas is DENIED. (Doc. No. 140 .) Signed by District Judge Audrey G. Fleissig on 10/28/2016. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN HENSCHKE, et al.,
Plaintiffs,
vs.
REPUBLIC SERVICES, INC., et al.,
Defendants.

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Case No. 4:14CV01570 AGF
Lead Case

MEMORANDUM AND ORDER
This matter is before the Court on the motion for attorney’s fees incurred by two
non-parties in filing a motion to quash subpoenas issued upon them by Defendants for the
production of documents and appearance for deposition. While the motion to quash was
pending, the parties effectively settled the case, rendering the motion to quash moot.
Upon review of the record, and the standard for awarding attorney’s fees as a
sanction under Federal Rule of Civil Procedure 45(d)(1) for issuing and serving an
improper subpoena, the Court concludes that a sanction is not warranted here. Although
the Court did not rule on the motion to quash, the basis for the subpoenas was in no way
frivolous. Under these circumstances,
IT IS HEREBY ORDERED that the motion of non-parties for an award of
attorney’s fees incurred in preparing a motion to quash subpoenas is DENIED. (Doc. No.
140.)
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 28th day of October, 2016.