LANDYA McCAFFERTY, Magistrate Judge.
Before the court is defendants' request (doc. no. 128) that plaintiff be ordered to pay their attorney's fees, in the amount of $992.00, associated with their successful litigation of a motion for contempt, within 10 days. Plaintiff has objected to the fee request.
Plaintiff did not provide a complete, non-evasive answer to defendants' Interrogatory No. 16 when due, and defendants moved to compel a complete answer, pursuant to Fed. R. Civ. P. 37(a). The court granted that motion on April 2, 2012.
Defendants contend that plaintiff's objection (doc. no. 130) to their fee request should be stricken because it includes requests for relief and allegedly misleads the court and the public. This court specifically granted plaintiff leave to file a response to defendants' statement of expenses.
Defendants seek payment of their attorney's fees, in the amount of $992.00, based on the July 16 order (doc. no. 126). "The proper method of awarding attorneys' fees . . . is the lodestar method, in which the court multiplies a reasonable hourly rate by a reasonable number of hours expended."
Plaintiff asserts that the fees claimed for counsel's work on matters other than the motion for contempt should not be taxed to him, and asserts that further clarification of the expense statement as to such combined billing is necessary. The court has reviewed the record, and finds that counsel's explanation for the hours at issue provides sufficient detail to allow plaintiff to dispute the accuracy and reasonableness of the time claimed for the tasks listed therein.
Courts may reduce by 50% the hours claimed, if the party fails to provide a sufficiently detailed statement to allow the opposing party to dispute the statement's accuracy or to contest whether time spent was reasonable.
Counsel further requests payment for time spent in preparing the statement of expenses (0.7 hours). The court finds that amount of time to be reasonable and to have resulted from plaintiff's unjustified noncompliance with the discovery order,
Defendants seek an order requiring plaintiff to pay their fees within ten days. In support of the short deadline, defendants assert that an assessment of fees and costs has been pending against plaintiff in state court since April 2012. Plaintiff's retort is that the state court issues are irrelevant, that defendants should be sanctioned for raising such issues, and that he should not be required to pay a sanction "until all [his] appeal rights have been exhausted." He has further asserted that ordering him to pay $992.00 now will limit the funds he has earmarked for taxes and/or the funds "needed to put food on the table."
As to plaintiff's request that defendants be sanctioned, the court finds that defendants have not unreasonably expanded the scope of their expense statement by showing why they request a short, secure deadline for the required payment. Moreover, plaintiff's request for a sanction is not properly asserted in an objection to a request for payment of fees, and will thus not be considered by the court at this time.
Plaintiff's request for a stay of the sanction is similarly improperly made in the objection rather than a motion showing his entitlement to such relief.
Given plaintiff's claim of financial hardship, which the court accepts for purposes of this order (although it was asserted without documentary support), the court finds that a short deadline would not be appropriate. Further, nothing in the record gives the court reason to believe that providing Bourne additional time to pay $992.00 would cause substantial prejudice to defendants. The court allows plaintiff 60 days from the date of this order to pay the fees, without interest accruing.
The court has reviewed the remaining arguments in plaintiff's objection (doc. no. 130) and finds no reason to reconsider its findings regarding plaintiff's contempt, and no other grounds in the record for rescinding or reducing the Rule 37(b)(2) fee award.
For the foregoing reasons, the court denies the motion to strike (doc. no. 132). The court directs plaintiff to pay $992.00 to defendants' counsel within 60 days of the date of this order. Failure to comply with this order may result in further sanctions, including, but not limited to, a further assessment of fees and costs.
SO ORDERED.