Ryan Young v. Shriners Hospitals for Children

Summary

The United States District Court for the District of Oregon denied as moot Sky Lakes Medical Center’s motion to quash a subpoena after the plaintiff withdrew the subpoena and the underlying case was voluntarily dismissed. The court ordered the plaintiff’s counsel to reimburse Sky Lakes for reasonable attorney’s fees incurred because counsel failed to timely confer regarding objections to the subpoena, pursuant to Federal Rule of Civil Procedure 45(d)(1).

Holdings

1. Young's withdrawal of the subpoena and the parties' stipulated dismissal rendered Sky Lakes' motion to quash moot, so the court denied the motion as moot.
2. The court ordered Young's counsel to reimburse Sky Lakes for reasonable attorney's fees incurred because counsel failed to confer timely regarding objections to the subpoena and thereby caused Sky Lakes to incur avoidable expense.

Questions Presented

1. Whether Young's withdrawal of the subpoena and the parties' stipulated dismissal rendered Sky Lakes' motion to quash moot.
2. Whether Federal Rule of Civil Procedure 45(d)(1) authorized an award of reasonable attorney's fees against Young's counsel for failing to take reasonable steps to avoid imposing undue burden or expense on Sky Lakes through timely conferral.

Disposition

other