Filed: Feb. 24, 2016
Latest Update: Feb. 24, 2016
Summary: ORDER RE: AWARD OF EXPENSES PURSUANT TO FED.R.CIV.P. 37(b)(2)(C) PAUL L. ABRAMS , Magistrate Judge . On February 1, 2016, the Court granted, in part, plaintiff's Motion for Sanctions (Docket No. 249) ("Sanctions Motion") against defendant CRU Acquisition Group, LLC ("CRU" or "defendant") (Docket No. 256). Among other things, the Court found that an award of plaintiff's expenses was entirely justified pursuant to Fed.R.Civ.P. 37(b)(2)(C), 1 as it was necessary for plaintiff to bring the San
Summary: ORDER RE: AWARD OF EXPENSES PURSUANT TO FED.R.CIV.P. 37(b)(2)(C) PAUL L. ABRAMS , Magistrate Judge . On February 1, 2016, the Court granted, in part, plaintiff's Motion for Sanctions (Docket No. 249) ("Sanctions Motion") against defendant CRU Acquisition Group, LLC ("CRU" or "defendant") (Docket No. 256). Among other things, the Court found that an award of plaintiff's expenses was entirely justified pursuant to Fed.R.Civ.P. 37(b)(2)(C), 1 as it was necessary for plaintiff to bring the Sanc..
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ORDER RE: AWARD OF EXPENSES PURSUANT TO FED.R.CIV.P. 37(b)(2)(C)
PAUL L. ABRAMS, Magistrate Judge.
On February 1, 2016, the Court granted, in part, plaintiff's Motion for Sanctions (Docket No. 249) ("Sanctions Motion") against defendant CRU Acquisition Group, LLC ("CRU" or "defendant") (Docket No. 256). Among other things, the Court found that an award of plaintiff's expenses was entirely justified pursuant to Fed.R.Civ.P. 37(b)(2)(C),1 as it was necessary for plaintiff to bring the Sanctions Motion: (1) to secure compliance with the Court's October 21, 2015, Order, and to either hold defendant to its representation to dismiss an affirmative defense or face a consequence for not doing so, and (2) to enable plaintiff to verify the sufficiency of defendant's production of documents pursuant to the November 19, 2015, Order. In these circumstances, the Court concluded that an award of expenses and fees would not be unjust. The Court further finds that defendant's failure to fully and timely comply with the subject orders was not substantially justified. The Court ordered plaintiff to submit a declaration by February 9, 2016, detailing the reasonable expenses, including attorney's fees, caused by defendant's failure to timely comply with the October and November Orders.
In response, on February 9, 2016, plaintiff submitted the Declaration of Jessica N. Leal, which details Ms. Leal's legal background and experience, her billing rate and the billing rate for her paralegal, and the hours spent on tasks she represents were associated with defendant's failure to timely comply with the Court's October 21, 2015, and November 19, 2015, Orders.2 Having reviewed the Declaration, the Court orders defendant and its counsel, jointly and severally, to pay plaintiff the sum of $6,570, which the Court finds reflects the reasonable expenses, including attorney's fees, necessary to bring the Sanctions Motion (a motion that was warranted based on defendant's failure to timely and fully comply with two Court orders), as follows: review by counsel of discrepancies between various collected discovery as related to defendant's compliance, and documents produced by defendant to determine compliance (2 hours at $390 per hour = $780); preparation and filing by counsel of the Sanctions Motion (8 hours at $390 per hour = $3,120); preparation and filing by counsel of Supplemental Memorandum (3 hours3 at $390 per hour = $1,170); and reasonable paralegal assistance in reviewing collected discovery and preparation of demonstratives in connection with the Sanctions Motion (10 hours at $1504 per hour = $1,500). The Court declines to award additional costs and fees not directly related to the actual preparation of the Sanctions Motion, such as gathering and analyzing evidence that could serve case-related purposes beyond the preparation of the Motion, or to account for time spent that appears excessive or does not appear to have been absolutely necessary to bring the Motion.
Accordingly, no later than March 7, 2016, defendant and defendant's counsel, jointly and severally, shall pay plaintiff the amount of $6,570.
It is so ordered.