The Hunte Corporation v. Jodell Martinelli, et al, No. 11-1290 (8th Cir. 2011)
Annotate this CaseCourt Description: Civil case. Order requiring appellants to pay certain discovery costs affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1290 ___________ The Hunte Corporation, * * Appellee, * * v. * Appeal from the United States * District Court for the Jodell Martinelli; Stephanie Booth; * Western District of Missouri. Melia Perry; Abbigail King; Nicole * Kersanty; Ruth Ross; Elliot Moskow; * Karen Galatis, * * [UNPUBLISHED] Appellants. * ___________ Submitted: September 19, 2011 Filed: December 29, 2011 ___________ Before RILEY, Chief Judge, COLLOTON and GRUENDER, Circuit Judges. ___________ PER CURIAM. Elliot Moskow and Karen Galatis (collectively, appellants ) served a subpoena on The Hunte Corporation ( Hunte ) to obtain discovery to aid them in certain litigation before the United States District Court for the District of Arizona. Hunte, as a non-party to the litigation in Arizona, sought a protective order, and the district court1 found it appropriate to shift all reasonable and necessary costs Hunte incurs in complying with the subpoena to appellants. Appellants filed a motion for partial reconsideration and suggested three factors for the district court to consider in determining whether appellants should bear the costs of discovery. The district court analyzed the issue using the three factors appellants suggested, but maintained its initial position that appellants must bear the costs of discovery. Appellants now appeal. We review discovery rulings for gross abuse of discretion resulting in fundamental unfairness. Sallis v. Univ. of Minn., 408 F.3d 470, 477 (8th Cir. 2005) (quoting Roberts v. Shawnee Mission Ford, Inc., 352 F.3d 358, 360 (8th Cir. 2003)). Having carefully reviewed the record and the arguments of the parties, we find no abuse of discretion. Therefore, we affirm, see 8th Cir. R. 47B, and deny Hunte s motions to take judicial notice and enlarge the record on appeal. ______________________________ 1 The Honorable Richard E. Dorr, United States District Judge for the Western District of Missouri. -2-
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