The opinion
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Brandy Stahl, on behalf of C.S.,
a minor, et al., Case No. 3:26-cv-387
Plaintiffs,
v. ORDER
Tiffin City Schools Board of
Education, et al.,
Defendants.
Plaintiffs filed this lawsuit against Defendants the Tiffin City Schools Board of Education,
Dr. Haiyuan (“Harry”) Gao, David Alvarado, and Timothy Murray, alleging Gao discriminated
against and sexually harassed their daughter, C.S., while C.S. was a student in Gao’s Chinese I class
at Columbian High School in Tiffin, Ohio, and that the remaining Defendants failed to prevent or
properly respond to Gao’s misconduct. (Doc. No. 1). Nonparties Ashley Woodruff and Justin
Woodruff filed a motion to quash a subpoena issued by Plaintiffs instructing their minor daughter,
L.W., to appear for a deposition on September 14, 2026. (Doc. No. 38). The Woodruffs move to
quash the subpoena because, among other reasons, Plaintiffs did not tender witness fees and mileage
costs when serving the subpoena. (Id. at 1). Plaintiffs filed a brief in response. (Doc. No. 40).
Rule 45 provides that “[s]erving a subpoena requires delivering a copy to the named person
and, if the subpoena requires that person’s attendance, tendering the fees for 1 day’s attendance and
the mileage allowed by law.” Fed. R. Civ. P. 45(b)(1). The “‘failure to tender fees and mileage
expenses renders a subpoena invalid and releases the witness of any obligation to appear.’” Gibson v.
Lowe’s Home Centers, LLC, No. 24-10864, 2025 WL 2714111, at *3 (E.D. Mich. Sept. 23, 2025)
(quoting Mays v. Daviess Cnty. Det. Ctr., No. 4:20-CV-00197, 2021 WL 1601094, at *1 (W.D. Ky. Apr.
23, 2021)). See also Padgett v. Plappert, Civ. Action No. 5:25-cv-P143-JHM, 2026 WL 2100502, at *1
(W.D. Ky. July 21, 2026) (“This Rule requires the simultaneous tendering of the witness fee . . . as
well as the estimated mileage expenses, with the service of a subpoena.”) (citing cases).
Plaintiffs’ failure to tender the attendance fees and mileage costs at the time the subpoena
was served invalidates the subpoena served on L.W. Therefore, I grant the motion to quash. (Doc.
No. 38).
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge