IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

In re Petition of Frescati : CIVIL ACTION

Shipping Company, Ltd., as Owner:

of the M/T ATHOS I and Tsakos :

Shipping & Trading, S.A., as :

Manager of the ATHOS I for : NO. 05-305

Exoneration from or Limitation :

of Liability : 

MEMORANDUM AND ORDER

Fullam, Sr. J. December 6, 2006

On November 26, 2004, as the tank vessel ATHOS I traveled

toward an asphalt refinery located on the Delaware River in

Paulsboro, New Jersey, it struck a submerged nine-ton piece of

metal and began to spill crude oil into the river. The spill

resulted in substantial removal costs and damages. Plaintiffs,

the owner and manager of the vessel, have sought discovery from a

non-party, Weeks Marine, which performed dredging work on the

river. 

In response to a subpoena duces tecum issued by Plaintiffs,

Weeks filed a motion to quash. By order dated June 14, 2006, I

granted the motion to quash without prejudice to Plaintiffs’

right to issue a modified subpoena limited in time and scope. 

Plaintiffs issued a modified subpoena, and Weeks now seeks

$26,415.42 in counsel fees and costs incurred in complying with

the subpoena. 

Case 2:05-cv-00305-JHS Document 140 Filed 12/06/06 Page 1 of 3
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As a non-party, Weeks may recover expenses resulting from

the production, including legal fees where the work benefits the

requesting party. See, e.g., In re Automotive Refinishing Paint,

229 F.R.D. 482, 486-87 (E.D. Pa. 2005); First Am. Corp. v. Price

Waterhouse LLP, 184 F.R.D. 234, 241 (S.D.N.Y. 1998). Contrary to

Plaintiffs’ contention, Weeks was not required to file formal

objections when the substance of the subpoena had been approved

by the Court and Plaintiffs offered to pay all reasonable copying

costs. I find that it was reasonable for Plaintiffs to copy all

responsive documents, especially as the files were located in

both New Jersey and Louisiana. I will approve Weeks’ request for

$16,150.42 in costs for locating, copying, and shipping

documents. Because the counsel fees sought by Weeks benefitted

both Weeks and Plaintiffs, I will approve half of the fees

sought, in the amount of $5,132.50.

Plaintiffs have filed a cross-motion seeking a more detailed

privilege log and an index prepared by Weeks. It appears that

Weeks already offered to elaborate on the initial privilege log

and that the index, as it was prepared by counsel and contains

counsel’s impressions of the significance of documents,

constitutes protected work product. The cross-motion will be

denied.

An order follows.

Case 2:05-cv-00305-JHS Document 140 Filed 12/06/06 Page 2 of 3
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

In re Petition of Frescati : CIVIL ACTION

Shipping Company, Ltd., as Owner:

of the M/T ATHOS I and Tsakos :

Shipping & Trading, S.A., as :

Manager of the ATHOS I for : NO. 05-305

Exoneration from or Limitation :

of Liability : 

O R D E R

AND NOW, this 6th day of December 2006, for the reasons

stated in the accompanying memorandum and following oral argument

on the motions,

IT IS hereby ORDERED that:

1. Weeks Marine’s Motion for Costs of Compliance with

Subpoena (Document No. 127) is GRANTED as followed:

Plaintiffs are hereby ORDERED to pay $21,282.92 in

costs and fees to Weeks Marine within 30 days of the

date of this ORDER.

2. Plaintiffs’ Cross-Motion to Compel Weeks to Comply with

Subpoena (Document No. 130) is DENIED.

BY THE COURT:

/s/ John P. Fullam 

Fullam, Sr. J.

Case 2:05-cv-00305-JHS Document 140 Filed 12/06/06 Page 3 of 3