Summary
The United States District Court for the District of Idaho denied Cindy Tyree’s motion for civil contempt and sanctions against nonparty family-owned businesses. The court held that Tyree had not demonstrated her own compliance with the court’s prior order limiting the scope of subpoenaed documents and therefore had not shown that the businesses violated that order.
Holdings
- Civil contempt was not warranted because Tyree failed to demonstrate by clear and convincing evidence that the family-owned businesses violated the court's order; her compliance with the order was a necessary predicate to the businesses' obligations, and she had not shown that she complied with all of the order's limitations.
- The requested civil contempt sanctions and other relief were denied because Tyree did not establish an underlying violation of the court's order.
Questions Presented
- Whether the family-owned businesses violated the court's order governing Tyree's subpoenas such that civil contempt was warranted.
- Whether Tyree was entitled to compensatory sanctions and other coercive relief for the alleged noncompliance.
Disposition
other
Cases Cited (7)
- In re Dual-Deck Video Cassette Recorder Antitrust Litig., 10 F.3d 693, 695 (9th Cir.)(followed)
- Shillitani v. United States, 384 U.S. 364, 370 (1966)(followed)
- Gifford v. Heckler, 741 F.2d 263, 266 (9th Cir.)(followed)
- F.T.C. v. Affordable Media, 179 F.3d 1228, 1239 (9th Cir.)(followed)
- A.B. by & through Trueblood v. Washington State Dep't of Soc. & Health Servs., 681 F. Supp. 3d 1149, 1174 (W.D. Wash.)(followed)
- Stone v. City and County of San Francisco, 968 F.2d 850, 861 (9th Cir.)(followed)
- High Tech Medical Instrumentation v. New Image Indus., 161 F.R.D. 86, 88 (N.D. Cal.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…