Sage v. Bridgestone Americas Tire Operations, LLC

Background

Bridgestone moved to compel Jody Rossberg and Anthony Barton to comply with deposition subpoenas. The subpoenas required Rossberg and Barton to testify at depositions on May 23, 2019. Both failed to appear, did not object to the subpoenas, and did not provide an explanation.

After Bridgestone’s counsel made multiple unsuccessful efforts to contact them, Rossberg said that she and Barton would attend depositions on June 28, 2019. New subpoenas were issued, but both again failed to appear. Bridgestone then issued a third set of subpoenas for depositions on September 17, 2019. Rossberg was successfully served with those subpoenas; Barton had not yet been served despite multiple attempts.

Court’s analysis

The court explained that Federal Rule of Civil Procedure 45(g) allows a district court to enforce a subpoena by holding a noncompliant person in contempt and imposing sanctions. The court noted that sanctions can be significant, but said the preferred approach is usually to first direct the subpoenaed person to comply or explain the failure to comply.

Order

The court granted Bridgestone’s Motion to Compel Compliance with Deposition Subpoenas. It ordered Rossberg and Barton to comply with the properly issued subpoenas and appear for depositions on the afternoon of September 17, 2019, at the offices of Gray Plant Mooty in Minneapolis, Minnesota.

The court further ordered that if either person failed to appear, it would issue an order requiring that person to show why they should not be held in contempt and sanctioned. If either failed to provide an adequate explanation, the court stated that sanctions could be imposed under Rule 45(g). The order was signed by United States Magistrate Judge Becky R. Thorson.