Shim-Larkin v. City of New York

Background

Heena Shim-Larkin, who was proceeding without a lawyer, filed a motion under Rule 37 of the Federal Rules of Civil Procedure seeking sanctions based on the loss of electronically stored information. The opinion states that the motion was successful. Under Rule 37(a)(5), a successful movant may recover reasonable expenses incurred in making the motion.

Shim-Larkin requested $502.47. Her claimed expenses included $178.50 for printing 276 pages, $145.50 for transportation and service costs, $47.61 for internet use, $40.25 for telephone service, and $90.61 for laptop use. She also sought amounts for envelopes and tabs used with courtesy copies delivered to the court.

The City argued that the request was unreasonable because Shim-Larkin did not provide receipts or other proof of many costs. It also argued that some travel and other expenses occurred before the events supporting the sanctions motion, after the motion had been submitted or decided, or without evidence connecting them specifically to that motion.

Court’s Analysis

The court explained that it could assess the reasonableness of a pro se litigant’s expenses, relax ordinary documentation requirements because the applicant was self-represented, and review each expense category rather than apply a general percentage reduction.

For printing, the court rejected Shim-Larkin’s estimate of 35 cents per page because she did not explain its factual basis. The court relied on its knowledge that nearby commercial entities charged 15 cents per page and calculated 276 pages at that rate, producing an award of $41.40.

For travel and service costs, the court found that seven listed courthouse travel dates preceded the January 18, 2018 declaration identifying the lost information that formed the basis of the February 23, 2019 sanctions motion. Shim-Larkin did not explain why those earlier expenses were reasonably related to the motion. The court also found that expenses for envelopes and tabbed courtesy copies deposited before February 23, 2019 were not expenses incurred in making that motion. The opinion further notes uncertainty about whether two activities on one date involved separate courthouse trips.

For internet, laptop, and telephone expenses, Shim-Larkin did not provide evidence connecting those costs with particularity to the February 23, 2019 motion. The court also noted that most of those expenses were incurred from August through December 2017, before the January 18, 2018 declaration that disclosed the lost information.

Ruling

The court awarded Shim-Larkin $114.90 in reasonable expenses under Rule 37(a)(5) and the court’s inherent authority: $41.40 for printing, $66.00 for courthouse travel, and $7.50 for preparing courtesy copies. The court directed the City of New York to pay Shim-Larkin $114.90 within 14 days of the order. The opinion does not state that the court awarded the other categories of expenses.