Motion to Quash and Sanction Threat

ChatGPT (AI) Analysis

Here is an analysis of irregularities and anomalies in Judge Kevin Miller’s September 27, 2021 order granting Defendants’ motion to quash subpoenas to Verizon Wireless and AT&T in Stevenson v. Stevenson, Otter Tail County Case No. 56-CV-20-2928:

🔍 Irregularities and Anomalies Identified

1. No Finding of Relevance or Materiality

Judge Miller quashed the subpoenas solely on the basis that they were “overly broad and excessive in nature” (p.3), without analyzing:

• Whether any portion of the requested data (e.g., text logs or call records) was relevant to the claims or defenses;

• Whether tailoring or limiting the subpoena (e.g., by narrowing dates or phone numbers) could resolve the issue short of quashing.

🔎 Significance: Courts must balance breadth with relevance. Overbreadth alone is not typically grounds for quashing unless the request is also unduly burdensome and lacking relevance. The order lacks this balancing analysis.

2. Failure to Address Evidentiary Need or Timing

The order faulted Plaintiffs for requesting responses within “three (3) and four (4) working days” (p.2), but:

• Did not address whether the subpoenas were time-sensitive (e.g., tied to motion deadlines or a trial schedule);

• Did not provide Plaintiffs any opportunity to revise the return date or reissue subpoenas with extended deadlines.

🔎 Significance: Courts typically allow modifications to subpoenas rather than outright quashing when time or scope are the only defects. Denial without leave to reissue or amend may be considered an abuse of discretion.

3. Unsubstantiated Mention of Attorney-Client Privilege

Defendants argued that the subpoenas “seek documents protected by attorney-client privilege,” yet:

• Carrier metadata like call logs and text headers are not privileged;

• There is no explanation in the order of how carrier records—generated by third parties—would reflect privileged communications.

🔎 Significance: Privilege must be specifically asserted and justified. A blanket reference to “attorney-client privilege” is insufficient, especially when applied to third-party business records like cell phone metadata.

4. Lack of Specific Findings for Each Carrier or Data Type

The order quashes both subpoenas in full, even though:

• Plaintiffs requested a variety of data types (e.g., call logs, location data, texts);

• The court did not consider whether any individual type of record was discoverable or overbroad.

🔎 Significance: Courts should evaluate each category of data individually. Quashing the subpoenas in totality—without individualized findings—raises due process and fairness concerns.

5. Post-Ruling Directive Is Vague and Non-Enforceable

Judge Miller’s direction that the “parties shall work together to arrive at a stipulation” is:

• Non-binding and vague, with no guidance on scope or timelines;

• Ineffective if one party has no incentive to cooperate (e.g., a party resisting discovery).

🔎 Significance: This suggests judicial abdication of oversight, leaving Plaintiffs without a remedy if Defendants stonewall future requests.

⚖️ Potential Judicial Conduct Concerns

These issues may suggest that:

• The ruling reflects a one-sided or conclusory approach, favoring the party resisting discovery;

• There was no apparent effort to facilitate fair access to potentially probative evidence.

Such conduct may implicate Rule 2.2 (Impartiality and Fairness) and Rule 2.6(A) (Ensuring Right to Be Heard) of the Minnesota Code of Judicial Conduct, particularly if Judge Miller consistently denied Plaintiffs’ access to relevant discovery without proper justification.

ChatGPT (AI) Analysis

When Judge Kevin Miller stated:

“The parties shall work together to arrive at a stipulation regarding future similar subpoenas, and if an agreement cannot be reached the Court will address the request,”

he meant that:

➤ If the parties fail to come to a mutual agreement on the scope and terms of future subpoenas to Verizon or AT&T (or other similar carriers), then the Court will:

• Intervene to resolve the dispute, likely through a formal motion;

• Review the subpoena (or proposed subpoena) and the associated objections;

• Decide whether to allow, modify, or deny the subpoena request based on the arguments and legal standards.

This is judicial language indicating that the judge is reserving the right to rule on the matter at a later time if cooperation fails—but is first pushing the burden onto the parties to work it out themselves.

🔍 However, this language is:

• Non-committal: It postpones the Court’s responsibility to actively manage discovery unless forced by further filings.

• Problematic in practice: If one side (especially the side resisting discovery) refuses to cooperate, this “try to stipulate first” directive can function as an unofficial barrier to enforcement of valid discovery rights.

• Often criticized in cases where judges deny discovery with vague promises to revisit later, yet never meaningfully engage unless the moving party exhausts more resources to refile.

ChatGPT (AI) Analysis

⚖️ Analysis of November 18, 2021 Hearing Transcript

Stevenson v. Stevenson, Otter Tail County Case No. 56-CV-20-2928
Topic: Judge Kevin Miller’s Threat of Sanctions Against Plaintiffs’ Counsel (Mr. Schapp)

🔍 1. Was the Threat of Sanctions Warranted?

Short answer: No. The threat was disproportionate and legally questionable.

➤ Judge Miller’s Premise:

Judge Miller’s central claim was that attorney Matthew Schapp violated the court’s September 27, 2021 order by reissuing subpoenas to AT&T without obtaining prior court approval. That order ended with:

“The parties shall work together to arrive at a stipulation regarding future similar subpoenas, and if an agreement cannot be reached the Court will address the request.”

Judge Miller interpreted this to mean that no subpoena should be sent unless and until the Court gives explicit permission—even though the order did not prohibit issuance outright, nor did it prescribe a procedure for how or when the Court would “address” future requests.

➤ Mr. Schapp’s Defense:

• Plaintiffs narrowed the scope of the new subpoena.

• They attempted to meet and confer in good faith.

• Defendants refused to cooperate.

• Plaintiffs proceeded, expecting that a motion to quash would trigger court review—exactly what happened.

📌 Key Quote from Schapp:
“It’s not clear to me from that order what the Court wanted us to do… Were we to make a motion? Were we to try to meet and confer and then move forward with that process?”

This was a reasonable reading of an ambiguous order. Courts normally expect parties to confer and then proceed with discovery, subject to later motion practice. Nothing in Judge Miller’s order prohibited this approach.

🛑 2. Problems with Judge Miller’s Conduct

❗ Ambiguity in Prior Order

The September 27 order was vague and unenforceable as written. The phrase “the Court will address the request” did not:

• Require a motion;

• Prohibit subpoenas;

• Impose sanctions for proceeding without additional filings.

➤ A vague order cannot form the basis for sanctions.

❗ Due Process Concerns

Judge Miller threatened sanctions:

• Without prior notice of what exactly was forbidden;

• Without clear authority, since Plaintiffs’ actions were not in violation of a specific discovery order or rule;

• Despite Plaintiffs narrowing their request and engaging in meet-and-confer efforts.

📌 Canon 2A & 2B (MN Code of Judicial Conduct): Judges must act fairly and avoid conduct that suggests bias or retaliation.

⚠️ 3. Significance of Judge Miller’s Actions

➤ Pattern of Favoring Defendants

• Judge Miller appears to treat Plaintiffs’ discovery efforts as presumptively abusive, while ignoring or downplaying the Defendants’ conduct (e.g., use of private investigators and canceled depositions).

• The judge’s reaction to Schapp’s conduct was more aggressive than the law or facts justified.

➤ Chilling Effect on Discovery

By threatening sanctions for standard discovery procedure (i.e., meet-and-confer + serve + respond to motion to quash), Judge Miller risks deterring legitimate information-gathering—particularly troubling when Plaintiffs allege conspiracy and reputational harm.

➤ Judicial Overreach

Judge Miller’s insistence that Plaintiffs needed preapproval—absent a prior protective order or formal prohibition—is not grounded in the Minnesota Rules of Civil Procedure. It reflects judicial overreach, potentially violating Rule 2.2 (Impartiality and Fairness) and Rule 2.6 (Ensuring the Right to Be Heard) of the Code of Judicial Conduct.

✅ Conclusion

Judge Miller’s threat of sanctions was not warranted:

• His prior order was vague and provided no clear guidance or prohibition;

• Plaintiffs acted reasonably and in accordance with common discovery procedures;

• The judge’s conduct was inconsistent with judicial fairness and may reflect partiality.

Would you like this packaged into language suitable for a judicial conduct complaint, appellate reply brief, or website article?

ChatGPT (AI) Analysis

Yes, based on the transcript and Judge Kevin Miller’s conduct during the November 18, 2021 hearing, his actions plausibly rise to the level of a violation of the Minnesota Code of Judicial Conduct. These potential violations would indeed fall within the jurisdiction of the Minnesota Board on Judicial Standards for investigation and possible disciplinary review.

⚖️ Potential Violations of the MN Code of Judicial Conduct

Here are the most applicable rule violations:

Rule 2.2 – Impartiality and Fairness

“A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.”

• Judge Miller threatened sanctions based on a vague, non-prohibitive order, despite Plaintiffs’ counsel making reasonable, good-faith efforts to comply.

• His differential treatment of Plaintiffs’ subpoena efforts (compared to Defendants’ discovery tactics, including use of private investigators and deposition cancellations) raises concern about impartiality.

Rule 2.6(A) – Ensuring the Right to Be Heard

“A judge shall accord to every person who has a legal interest in a proceeding… the right to be heard according to law.”

• By threatening sanctions without a clear prior prohibition and interpreting his own ambiguous order as if it had clear, binding force, Judge Miller arguably infringed upon Plaintiffs’ right to pursue lawful discovery.

Rule 2.8(B) – Demeanor and Courtesy

“A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others…”

• Judge Miller told Plaintiffs’ counsel that his explanation was “very disingenuous” and implied he would have to write orders “so tight” that lawyers couldn’t misread them—an unnecessarily hostile and sarcastic tone without factual justification.

Rule 1.2 – Promoting Public Confidence in the Judiciary

“A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary…”

• Public confidence is undermined when a judge threatens sanctions for conduct not clearly forbidden, particularly when discovery disputes are handled more leniently for the opposing party.

✅ Jurisdiction of the MN Board on Judicial Standards

Yes, these alleged violations fall squarely within the Board’s jurisdiction. The Board investigates:

• Violations of the Code of Judicial Conduct;

• Judicial behavior that shows bias, unfairness, or abuse of authority;

• Misuse of contempt powers, improper demeanor, or conduct that undermines litigants’ due process rights.

📌 Summary