DAVIS, Judge:
¶ 1 Mikarose, LLC and Brad Lawson (collectively, Employer) appeal the trial court's grant of attorney fees to Tiffany Weber and the trial court's denial of two rule 60(b) motions for relief. We affirm.
¶ 2 First, Employer argues that the attorney fee award is in violation of the Fair Labor Standards Act (FLSA).
¶ 3 "[T]he district court has broad discretion in determining what constitutes a reasonable [attorney] fee, and we will consider that determination against an abuse-of-discretion standard." Redd v. Hill, 2013 UT 35, ¶ 15, 304 P.3d 861 (citation and internal quotation marks omitted). "[A]n award of attorney fees must be supported by evidence in the record." Dixie State Bank v. Bracken, 764 P.2d 985, 988 (Utah 1988); id. at 989-90 (listing various considerations a court may take into account in determining the reasonableness of an attorney fee award).
¶ 4 First, Employer suggests that the fees awarded are unreasonable because of the vast difference between the amount of fees awarded and the amount in controversy. "[A]lthough the amount in controversy can be a factor in determining a reasonable fee," that amount is not necessarily reliable, because, for example, it often takes an attorney
¶ 5 Next, Employer argues that the fees awarded were unreasonable because the case was uncomplicated in light of the fact that Employer never denied liability and the only issue was how much overtime pay Employer owed Weber. The trial court recognized that the issues raised in Weber's original complaint "were not novel or complex." However, the court explained, "The only reason the attorney fees are high is because [Weber] was required to seek orders to compel discovery and to respond to [Employer's] seemingly endless salvo of motions." The court recognized that Employer had "the right to file the motions that [it] did and argue them in court" but noted that as a consequence of exercising that right, Employer "prolonged this litigation and ran up the fees." The court acknowledged that it would have exercised its discretion to reduce the fee award "had the tables been reversed," i.e., had Weber expended a significant amount of time "filing endless, unnecessary motions." The court concluded, however, that such an exercise of discretion was not appropriate here, where Employer "has created the unpleasant situation which [it] now finds [itself] in." Employer has not persuaded us that the trial court abused its discretion in reaching this conclusion.
¶ 6 Employer also suggested to the trial court that some of the particular charges included in the attorney fee award were unreasonable, and on appeal, Employer challenges several specific items billed by Weber's attorney.
¶ 7 Next, Employer argues that the trial court abused its discretion in awarding attorney fees as "sanctions" because the court did not make the necessary findings to support a sanction in its Order to Compel Discovery (the Order to Compel).
¶ 8 In the Order to Compel, the trial court ordered Employer to pay Weber's "reasonable attorney's fees and costs associated with preparing and filing [her] Statement of Discovery Issues." Rule 37 of the Utah Rules of Civil Procedure authorizes a trial court to order a party against whom a motion to compel is granted to "pay the reasonable expenses and attorney fees incurred on account of the motion if the court
¶ 9 Here, in the court's subsequent order imposing a default judgment against Employer as an additional discovery sanction, the court explained that Employer "failed to provide responses to [Weber's] written discovery requests within the time prescribed under the rules," that Weber "properly contacted [Employer] in a good faith attempt to resolve the issues in accordance with Rule 4-502(2)(A)" of the Utah Rules of Judicial Administration, and that "[w]hen that good faith attempt failed to resolve the issues, [Weber] properly filed her Statement of Discovery [I]ssues in compliance with the provisions of Rule 4-502." Employer "did not object to [Weber's] Statement of Discovery Issues," and in turn, the trial court entered an Order to Compel Discovery. The court described Employer as having "willfully withheld" and "outright refused" to supply the requested discovery materials throughout the proceedings. There is no question that Employer failed to provide the requested electronic discovery materials, and the record clearly indicates that Employer has maintained the attitude that it needed to provide only the discovery materials it deemed relevant to Weber's claim. In light of this evidence of Employer's lack of good faith, the trial court's failure to make the relevant specific finding to support its order that Employer pay Weber's attorney fees and costs incurred in securing the Order to Compel is not a reversible error. See Amica Mut., 768 P.2d at 962. Accordingly, we affirm the trial court's decision to impose attorney fees and costs against Employer in the Order to Compel.
¶ 10 Employer also argues that the trial court improperly granted the Order to Compel because Weber's discovery request for "all electronic documents and spreadsheets" was not reasonable or proportional under rule 26(b)(2) of the Utah Rules of Civil Procedure. Because Employer did not challenge Weber's discovery request or Statement of Discovery Issues as overbroad, the trial court granted the Order to Compel, certifying Weber's request as reasonable and compliant with the relevant rules. It was not until after the court issued the Order to Compel, during a hearing on several of Employer's subsequent motions, that Employer expressed its mistaken belief that it need not file a protective order because rule 26 "guaranteed" its rights against overbroad discovery requests by requiring Weber "to show relevance" and proportionality. The trial court explained that Employer was, in fact, required to respond to Weber's request for discovery in order to properly raise its concerns about proportionality and that it should not "assume that for some reason [the court is] going to make the argument against the discovery being offered." The court indicated that when it receives an unopposed "statement of discovery issues from either party representing that the information sought is relevant" and "proportional," the court "is going to assume that the information is relevant and proportional." The trial court concluded that Employer's challenge to the proportionality of the request was untimely and therefore waived. We see no abuse of discretion in this regard and do not address the issue further.
¶ 11 Finally, Employer argues that the trial court abused its discretion by denying Employer's rule 60(b) motion on the basis that Lawson failed to demonstrate excusable neglect or a meritorious defense. "A district court has broad discretion to rule on a motion to set aside a ... judgment under rule 60(b)," and "we review a district court's denial of a [rule] 60(b) motion under an abuse of discretion standard of review." Bodell Constr. Co. v. Robbins, 2014 UT App 203, ¶ 5, 334 P.3d 1004 (alteration in original) (citation
¶ 12 To set aside a judgment pursuant to rule 60(b), the moving party must "show that the judgment was entered against him through excusable neglect (or any other reason specified in rule 60(b))," and "he must also show that his motion to set aside the judgment was timely, and that he has a meritorious defense to the action." Erickson v. Schenkers Int'l Forwarders, Inc., 882 P.2d 1147, 1148 (Utah 1994) (citation and internal quotation marks omitted); see also Utah R. Civ. P. 60(b)(1) (permitting a judgment to be set aside on the basis of "mistake, inadvertence, surprise, or excusable neglect").
¶ 13 Here, Employer asserted that its failure to respond to the Statement of Discovery Issues should be excused because at the time Weber filed the Statement, Lawson, who represented himself pro se, and his wife were out of the state, meaning there was "no one authorized to open the mail." In other words, Employer did not learn that Weber had filed the Statement of Discovery Issues until after the trial court issued its Order to Compel. In ruling on Employer's rule 60(b) motions, the trial court held that Employer "demonstrated no diligence at all" by leaving "the state during the discovery period without designating anyone to check a message or open an envelope." Because the trial court concluded that Employer failed to make even "some effort," the court denied its rule 60(b) motions.
¶ 14 The trial court did not abuse its discretion in reaching this conclusion. "[D]iligence on the part of the party claiming excusable neglect is an essential element of that inquiry, and relief may not be granted based on other equitable considerations where a party has exercised no diligence at all." Bodell, 2014 UT App 203, ¶ 10, 334 P.3d 1004 (citation and internal quotation marks omitted). While representing himself pro se, Lawson left the state during the discovery period and did not designate anyone to check his messages or open envelopes sent by opposing counsel. We agree that this behavior does not constitute diligence. Accordingly, the trial court did not abuse its discretion in denying Employer's rule 60(b) motions.
¶ 15 We affirm the trial court's award of attorney fees under the FLSA, its imposition of attorney fees as a discovery sanction, and its denials of Employer's rule 60(b) motions. Because Weber was awarded fees below under the FLSA, has prevailed on appeal, and has requested fees on appeal, we remand to the trial court for the limited purpose of awarding fees reasonably incurred on appeal. See Valcarce v. Fitzgerald, 961 P.2d 305, 319 (Utah 1998) ("This court has interpreted attorney fee statutes broadly so as to award attorney fees on appeal where a statute initially authorizes them. In addition, when a party who received attorney fees below prevails on appeal, the party is also entitled to fees reasonably incurred on appeal." (citation and internal quotation marks omitted)).