Opinion
Case No: 2:06-CV-693 PGC.
August 9, 2007
MEMORANDUM DECISION and ORDER GRANTING MOTION FOR AWARD OF ATTORNEY FEES RELATED TO PLAINTIFFS' MOTION TO COMPEL
Plaintiffs' Motion for Award of Attorney Fees Related to Plaintiffs' Motion to Compel is currently before the court.
Plaintiffs' Motion for Award of Attorney Fees Related to Plaintiffs' Motion to Compel (Plaintiffs' Motion for Award of Fees), docket no. 43, filed 7/6/07.
Plaintiffs served their discovery requests on Defendant on January 31, 2007. Defendant supplied incomplete responses to the interrogatories on March 26, 2007, but none of the answers to interrogatories were under oath and Defendant completely failed to answer Interrogatory No. 5. Defendant did not provide any responses to the requests for production until May 22, 2007, well after Plaintiffs filed the motion to compel. A Memorandum Decision and Order Granting Plaintiffs' Motion to Compel Interrogatory Responses and Production of Documents was entered on June 20, 2007. This Memorandum Decision and Order permitted Plaintiffs to submit a motion and affidavit for attorney fees related to the Motion to Compel, under Rule 37(a)(4)(A). The Rule states that if a motion to compel is granted the court shall require the party necessitating the motion to pay reasonable expenses, including attorneys fees, to the moving party; unless other circumstances make an award unjust.
See Memorandum in Support of Plaintiffs' Motion to Compel Interrogatory Responses and Production of Documents (Memorandum in Support), exhibit C, docket no. 31, filed 5/8/07.
Id., exhibit D.
See Reply Memorandum in Support of Plaintiffs' Motion to Compel Interrogatory Responses and Production of Documents (Reply), exhibit A, docket no. 37, filed 6/7/07.
Memorandum Decision and Order Granting Plaintiffs' Motion to Compel Interrogatory Responses and Production of Documents, docket no. 41, filed 6/20/07.
Id. at 3.
See Fed.R.Civ.P. Rule 37(a)(4)(A).
Pursuant to this Memorandum Decision and Order plaintiffs request the court to enter an order awarding plaintiffs $1,973.50 in attorneys fees for time spent preparing the motion to compel and obtaining the order granting the motion. In defendant's Memorandum in Opposition, counsel states that the award of attorneys fees would be unjust due to the financial circumstances of the defendant. Defendant further states that if the Court determines that an award of fees is just, that the amount of fees should be reduced to a reasonable amount. Defendant objects to the hourly rate applied by Plaintiff's counsel but supplies only argument, not proof in support of the objection.
Plaintiffs' Motion for Award of Fees at 1.
Memorandum in Opposition to Plaintiffs' Motion for Award of Attorney Fees Related to Plaintiff's Motion to Compel (Memorandum in Opposition) at 2, docket no. 47, filed 7/13/07.
Id.
The entire sum claimed is reasonable and should be awarded. Defendant's non-compliance is without substantial justification. However, an award of the entire sum would be unjust due to the defendant's financial situation. Therefore, one half the claimed amount will be awarded.
ORDER
IT IS HEREBY ORDERED that the Motion for Award of Attorney Fees is GRANTED.
Docket no. 43.
IT IS FURTHER ORDERED that Plaintiffs are awarded $968.75 in attorneys fees payable by Defendant.