Matches in SCALES for { <scales/DocketEntry/ilsd;;3:16-cv-00247_de112> ?p ?o ?g. }
Showing items 1 to 6 of
6
with 100 items per page.
- ilsd;;3:16-cv-00247_de112 RegisterActionDate "2019-05-17" @default.
- ilsd;;3:16-cv-00247_de112 RegisterActionDescriptionText "ORDER denying 90 Motion for Attorney Fees. Plaintiff asks this Court to order Defendant to pay attorney's fees for the time and expense Plaintiff's counsel incurred pursuing a discovery dispute. Plaintiff's counsel identifies 11.5 hours that she claims she dedicated to pursuing this discovery and states that her regular billing rate is $490 per hour. Plaintiff asks this Court to award $5,635.00 in attorney's fees. The Court is not inclined to do so. As a general matter, the undersigned did not preside over the discovery dispute conference and there is no formal transcript of the proceedings for the Court to review. Judge Wilkerson presided over the hearing and reflected his rulings in a December 19, 2018 Order (Doc. 89). Judge Wilkerson retired and assumed recall status in January 2019, which prompted the reassignment of this case to the undersigned. Based on a review of the pleadings, the parties had their first meet and confer to resolve the discover dispute on December 12, 2018 and then had additional calls throughout the week. Defendant represents that it supplemented discovery on December 14 and also sought additional time from Plaintiff to continue to supplement, but to no avail. In short, one week elapsed between the initial conference on the discovery issue and the date of the hearing (with multiple phone calls and efforts to resolve in the interim). It does not appear the movant made sufficient efforts to obtain the discovery without court intervention. Accordingly, pursuant to Fed. R. Civ. P. 37(a)(5)(A)(i) and 37(a)(5)(A)(iii), an award of attorney's fees in the amount of $5,635 is not warranted and would be unjust. Signed by Magistrate Judge Mark A. Beatty on 5/17/2019. (jer)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/17/2019)" @default.
- ilsd;;3:16-cv-00247_de112 AdministrativeID "107" @default.
- ilsd;;3:16-cv-00247_de112 hasJudgeReference SJ002899 @default.
- ilsd;;3:16-cv-00247_de112 hasJudgeReference SJ002900 @default.
- ilsd;;3:16-cv-00247_de112 hasReferenceToOtherEntry ilsd;;3:16-cv-00247_de93 @default.