Filed: Jun. 08, 2016
Latest Update: Jun. 08, 2016
Summary: ORDER JEREMIAH C. LYNCH , Magistrate Judge . By Order entered May 9, 2016, the Court granted Defendants Ceth Haggard, Jeremy Alvarez, and the City of Dillon's ("Defendants") motion to compel discovery and for sanctions pursuant to Federal Rule of Civil Procedure 37. The Court also awarded Defendants the reasonable attorney fees and costs they incurred as a result of pro se Plaintiff Gary Oram's failure to appear for his deposition. On May 12 and 13, 2016, Defendants submitted their applicat
Summary: ORDER JEREMIAH C. LYNCH , Magistrate Judge . By Order entered May 9, 2016, the Court granted Defendants Ceth Haggard, Jeremy Alvarez, and the City of Dillon's ("Defendants") motion to compel discovery and for sanctions pursuant to Federal Rule of Civil Procedure 37. The Court also awarded Defendants the reasonable attorney fees and costs they incurred as a result of pro se Plaintiff Gary Oram's failure to appear for his deposition. On May 12 and 13, 2016, Defendants submitted their applicati..
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ORDER
JEREMIAH C. LYNCH, Magistrate Judge.
By Order entered May 9, 2016, the Court granted Defendants Ceth Haggard, Jeremy Alvarez, and the City of Dillon's ("Defendants") motion to compel discovery and for sanctions pursuant to Federal Rule of Civil Procedure 37. The Court also awarded Defendants the reasonable attorney fees and costs they incurred as a result of pro se Plaintiff Gary Oram's failure to appear for his deposition. On May 12 and 13, 2016, Defendants submitted their applications for attorneys fees and costs in response to the referenced Order.
Oram did not file a brief in opposition to Defendants' requests for attorneys fees and costs. Pursuant to L.R. 7.1(d)(1)(B)(ii), Oram's failure to file an opposing brief is deemed an admission by him that Defendants' applications for attorneys fees and costs are well-taken.1
Having reviewed the applications, the Court deems it appropriate to reduce both applications with respect to the 1.2 hours requested for waiting for Oram to appear to .5 hours. As to Defendants Haggard and Alvarez, their application is also reduced with respect to the hourly rate claimed for their counsel's travel time to and from the deposition from $190 per hour to $75 per hour.
Therefore, pursuant to Fed. R. Civ. P. 37(a)(5)(A), IT IS HEREBY ORDERED Defendants' applications for attorneys fees and costs are GRANTED, but as reasonably modified as follows:
Defendant City of Dillon:
Attorneys Fees:
4/19/2016 Attend and wait for .5 hours @ $165/hr. $82.50
Plaintiff to participate ______
in his deposition
Total Attorneys Fees: $82.50
Defendants Haggard and Alvarez:
Attorneys Fees:
4/19/2016 Travel from Butte 1.5 hours @ $75/hr. $112.50
to Missoula
4/19/2016 Attend and wait for .5 hours @ $190/hr. $95
Plaintiff to participate
in his deposition
4/19/2016 Return travel from 1.5 hours @ $75/hr. $112.50
Missoula to Butte _______
Total Attorneys Fees: $320.00
Costs/Expenses:
4/19/2016 Enterprise Rental Car $67.58
4/19/2016 Exxon — fuel for rental car $22.17
4/19/2016 Sullivan Court Reporting $50.00
4/19/2016 Irish Luck Productions $200.00
_______
Total Costs/Expenses: $339.75
_______
Total Attorneys Fees, Costs/Expenses: $659.75
IT IS FURTHER ORDERED that this award of sanctions will be included in the final judgment once it is entered in this case upon final disposition of all claims and defenses.
