Filed: May 03, 2018
Latest Update: May 03, 2018
Summary: ORDER SUSAN O. HICKEY , District Judge . On February 26, 2018, the Court entered an order granting in part and denying in part Plaintiff's Motion for Sanctions. ECF No. 25. In that order, the Court determined that Plaintiff was entitled to "receive its reasonable expenses, including attorney's fees, that were incurred as a result of [Separate Defendants Brandon's Mortuary, Inc., and Alberta Brandon, d/b/a Brandon's Mortuary, Inc.s'] failure to comply" with a previous order compelling disco
Summary: ORDER SUSAN O. HICKEY , District Judge . On February 26, 2018, the Court entered an order granting in part and denying in part Plaintiff's Motion for Sanctions. ECF No. 25. In that order, the Court determined that Plaintiff was entitled to "receive its reasonable expenses, including attorney's fees, that were incurred as a result of [Separate Defendants Brandon's Mortuary, Inc., and Alberta Brandon, d/b/a Brandon's Mortuary, Inc.s'] failure to comply" with a previous order compelling discov..
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ORDER
SUSAN O. HICKEY, District Judge.
On February 26, 2018, the Court entered an order granting in part and denying in part Plaintiff's Motion for Sanctions. ECF No. 25. In that order, the Court determined that Plaintiff was entitled to "receive its reasonable expenses, including attorney's fees, that were incurred as a result of [Separate Defendants Brandon's Mortuary, Inc., and Alberta Brandon, d/b/a Brandon's Mortuary, Inc.s'] failure to comply" with a previous order compelling discovery. ECF No. 25, p. 4. Accordingly, the Court directed Plaintiff to submit an affidavit detailing its reasonable expenses within thirty days. Plaintiff has now submitted the ordered affidavit. ECF No. 27. In the affidavit, Plaintiff asserts that it incurred a total of $573.50 in attorney's fees as a result of Separate Defendants Brandon's Mortuary, Inc., and Alberta Brandon, d/b/a Brandon's Mortuary, Inc.s' [hereinafter "Separate Defendants"] failure to comply with the Court's order compelling discovery. Plaintiff states that this figure of $573.50 reflects 3.1 hours of attorney time at a rate of $185.00 per hour.
Upon consideration, the Court hereby awards Plaintiff $573.50 as reasonable expenses, including attorney's fees, incurred as a result of Separate Defendants' failure to comply with the Court's order. Federal Rule of Civil Procedure 37(b)(2)(C) provides, in relevant part, that the Court "must order the disobedient party, the attorney advising that party, or both to pay the reasonable expenses, including attorney's fees, caused by the failure[.]" In the Court's previous order the Court noted that Separate Defendants conceded that "it was Separate Defendants' counsel's fault for not timely providing this information to Plaintiff" and that their counsel "simply allowed this matter to go unattended." ECF No. 25, p. 2 (quoting ECF No. 24, ¶ 14). Accordingly, the Court finds that Separate Defendants' counsel should be ordered to pay the awarded amount. Therefore, Justin B. Hurst, counsel for Separate Defendants Brandon's Mortuary, Inc., and Alberta Brandon, d/b/a Brandon's Mortuary, Inc., is hereby ORDERED to pay Plaintiff $573.50 as reasonable expenses, including attorney's fees, incurred as a result of Separate Defendants' failure to comply with the Court's order. The awarded amount shall be paid within thirty (30) days of the date of this order.
IT IS SO ORDERED.
