BNSF Railway Company et al v. The Center for Asbestos Related Disease, Inc.

Filing 107

ORDER: pursuant to this Court's prior Order 84 , BNSF is SANCTIONED in the amount of $18,785.00. Absent extension from this Court, BNSF shall transmit this sum to McGarvey Law on or before June 17, 2022. Signed by Judge Dana L. Christensen on 6/8/2022. (ASG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
BNSF RAILWAY COMPANY,
on behalf of THE UNITED STATES
OF AMERICA,

CV 19–40–M–DLC

Plaintiff,

ORDER

vs.
THE CENTER FOR ASBESTOS
RELATED DISEASE, INC.,
Defendant.
On May 6, 2022, this Court quashed a Rule 45 subpoena served by BNSF
upon McGarvey Law. (See generally Doc. 84.) In this Order, the Court
sanctioned BNSF “by awarding McGarvey Law reasonable attorney’s fees
incurred in objecting to and quashing BNSF’s subpoena.” (Id. at 13–14.)
McGarvey Law has now filed a declaration outlining its incurrence of $18,785.00
in attorneys’ fees. (Doc. 94.) BNSF has not leveled any reasonableness objection.
(Doc. 104.)
Accordingly, IT IS ORDERED that, pursuant to this Court’s prior Order
(Doc. 84), BNSF is SANCTIONED in the amount of $18,785.00, representing a
reasonable amount of attorneys’ fees incurred by McGarvey Law in objecting to
and quashing BNSF’s Rule 45 subpoena. Absent extension from this Court, BNSF
shall transmit this sum to McGarvey Law on or before June 17, 2022.
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DATED this 8th day of June, 2022.

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