Whelan Advisory Capital Markets, LLC v. HomeSource Operations, LLC
- Ho
- 1:24-cv-00207
- U.S. District Court · Southern District of New York
- 4
In Whelan Advisory Capital Markets v. HomeSource Operations, Judge Ho granted enforcement of an information subpoena and awarded Petitioners $3,110.
HomeSource Operations, LLC must respond fully to the information subpoena by May 14, 2025 and pay Petitioners $3,110 within 30 days of the order.
What happened
In Whelan Advisory Capital Markets, LLC v. HomeSource Operations, LLC, Petitioners sought information about HomeSource’s assets, debtors, and other matters relevant to an outstanding judgment. They said HomeSource received the information subpoena but did not respond.
The court found that the subpoena was properly served and that the motion was unopposed. It ordered HomeSource to respond fully by May 14, 2025.
Judge Dale E. Ho also granted Petitioners’ request for $3,110, consisting of $3,060 in attorney’s fees and a $50 penalty. HomeSource was ordered to pay that amount within 30 days of the order.
The detailed version
- Whelan Advisory Capital Markets, LLC v. HomeSource Operations, LLC · No. 1:24-cv-00207
- Ho
- Apr. 16, 2025
Background
Petitioners served HomeSource Operations, LLC with a restraining notice and an information subpoena seeking information about HomeSource’s assets, debtors, and other matters relevant to satisfying Petitioners’ outstanding judgment against HomeSource. Petitioners’ counsel stated that the subpoena was sent by certified mail with a return receipt requested on October 15, 2024, to HomeSource’s last known office address and registered agent. The return slip indicated that the registered agent received it on October 21, 2024. No response had been received by the time of the motion.
Motion to Compel
The court explained that federal Rule 69 allows a judgment creditor to obtain discovery from a judgment debtor or another person under the applicable federal or state procedures. New York law allows a judgment creditor to use an information subpoena to obtain information relevant to satisfying a judgment and permits a motion to compel compliance when the recipient does not respond.
After reviewing Petitioners’ declaration and exhibits, the court found that the subpoena was properly served under the applicable New York provisions. The motion was unopposed. The court therefore granted Petitioners’ motion to compel and directed HomeSource to respond to the information subpoena in its entirety no later than May 14, 2025.
Attorney’s Fees and Penalty
Petitioners requested $3,110 in damages and penalties: $3,060 in attorney’s fees for bringing the motion and a $50 penalty. The court reviewed billing records from Petitioners’ law firm and found that 6.8 hours of work and an hourly rate of $450 were reasonable. It awarded the requested $3,060 in attorney’s fees and the $50 penalty authorized by New York law.
Disposition
The court granted Petitioners’ motion and also granted Petitioners’ request for attorney’s fees. HomeSource was directed to pay the total damages and penalties award of $3,110 within 30 days of the order. The Clerk of Court was directed to terminate ECF No. 26.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.