Mount Hope Church, et al v. Bash Back!, No. 11-35632 (9th Cir. 2012)Annotate this Case
The Church appealed a sanction order granting attorneys' fees and costs to appellees. The court held that appellant did not take reasonable steps to avoid imposing an undue burden on appellees, who were non-parties to the underlying case. In reversing the sanctions order, the court held that Rule 45(c)(1) could not properly support a sanction where the cost of complying with the subpoena was minimal and there was no showing that the subpoena was facially defective or issued in bad faith.