Shim-Larkin v. City of New York

Background

Heena Shim-Larkin, proceeding without a lawyer, filed a motion under Federal Rule of Civil Procedure 37 seeking sanctions for the loss of electronically stored information. The motion was successful. Rule 37(a)(5) permits a successful movant to recover reasonable expenses incurred in making the motion.

Shim-Larkin requested $502.47. Her request included $178.50 for printing, $145.50 for transportation and service costs, $47.61 for internet use, $40.25 for telephone service, and $90.61 for use of her laptop. She also described trips to the courthouse library, the NYLAG Pro Se Legal Clinic, and the courthouse to deliver courtesy copies of filings.

The City argued that the request was unreasonable because Shim-Larkin did not provide supporting receipts or other documentation and did not establish that many of the expenses were connected to the February 23, 2019 motion. The City also argued that internet, laptop, and telephone expenses were not directly related to the motion.

Court’s Analysis

The court stated that it could use its own knowledge and experience to assess reasonable expenses and could relax documentation requirements for a party proceeding without a lawyer. It nevertheless examined each category of expense separately.

For printing, Shim-Larkin estimated a cost of 35 cents per page for 276 pages but did not explain the basis for that estimate. The court found the estimate unreasonable and used a 15-cent-per-page cost based on copying services available near the courthouse, resulting in an award of $41.40.

For travel and service costs, the court found that several trips occurred before January 18, 2018, when a declaration disclosed the permanent loss of the relevant information underlying the sanctions motion. Shim-Larkin did not explain why those earlier trips were reasonably related to the February 23, 2019 motion. The court also found that the expenses for envelopes and tabs connected to earlier courtesy-copy deliveries were not expenses incurred in making that motion. The court awarded $66.00 for courthouse travel and $7.50 for preparing courtesy copies.

The court denied no separately identified motion in this order, but it found no adequate basis to award the claimed internet, laptop, or telephone expenses. Shim-Larkin had not shown with sufficient particularity that those expenses were connected to the spoliation motion, and most occurred before the information loss was disclosed.

Disposition

Pursuant to Rule 37(a)(5) and the court’s inherent authority, the court awarded Shim-Larkin $114.90: $41.40 for printing, $66.00 for travel to the courthouse, and $7.50 for preparing courtesy copies. Judge Kevin Nathaniel Fox directed the City of New York to pay that amount within 14 days of the order.