1) Motion to Quash-Bradford - Leonidas

Case 2:08-cv-01633-NVW Document 383 Filed 04/22/2009 Page 3 of 8123456789101112131415161718192021expense on the recipient. Northwestern Memorial Hospital v. Ashcroft, 362 F.3d 923,938 (7 th Cir. 2004); FDIC v. Garner, 126 F.3d 1138, 1145 (9 th Cir. 1997); LibertyMutual Insurance Company v. Diamante, 194 F.R.D. 20, 23 (D. Mass. 2000) (goodfaith is not sufficient, but rather the issue is whether the issuing party took reasonablesteps to avoid imposing undue burden or expense on the persons subject to subpoena).If compliance with a subpoena would cause undue burden or expense, the courtissuing a subpoena should shift some or all of the cost to the party issuing the subpoenaor otherwise provide for reasonable compensation. The compensation may includewages lost because of the improperly issued subpoena, and may also include attorney’sfees. Mattel, Inc. v. Walking Mountain Productions, 353 F.3d 792, 814 (9 th Cir. 2003).C. Grounds for Quashing Subpoena.Doug Mowery submits that the subpoena should be quashed for the followingreasons:1) Failure to Tender Attendance and Mileage Fees.The subpoena that the Plaintiffs attempted to serve on Doug Mowery (See Doc. #365) is not valid because it was not served with the required fees for one day’sattendance and the mileage allowed by law. (Mowery Decl. 3).Rule 45(b)(1) provides that “[s]erving a subpoena requires delivering a copy tothe named person and, if the subpoena requires that person’s attendance, tendering thefees for 1 day’s attendance and the mileage allowed by law.”The required attendance fee is set forth in 28 U.S.C. § 1821(b). When travel is by2223- 3 OF 8 -