Opinion
Civ. No. 02-1550 JB/RHS.
March 10, 2005
ORDER ASSESSING ATTORNEY'S FEES AGAINST THE PLAINTIFF
THIS MATTER previously came before the Court on Defendant's Motion to Compel which was granted on January 10, 2005. That order directed Plaintiff to supplement interrogatories and requests for production on or before January 19, 2005, at 5:00 p.m. During the course of a settlement conference on January 19, 2005, Plaintiff's counsel asked for additional time to respond to discovery and the Court allowed him through January 26, 2005, at 5:00 p.m. The Court asked counsel for the Plaintiff to prepare an appropriate form of order, however, the same has yet to be prepared and submitted to the Court, nor has Plaintiff supplemented answers to interrogatories and requests for production as previously ordered. Defendant filed a Motion to Enforce Order Granting Motion to Compel [docket no. 68] and the same was granted with the instruction that counsel for Defendant prepare and file an attorneys' fee affidavit on or before March 7, 2005. The Affidavit of Raul P. Sedillo, Esq. has now been filed in the above captioned cause [docket no. 81] and the Court hereby finds that the attorneys' fees incurred in the representation of the Defendant relative to the motion to compel issues ($2,522.00) are reasonable and necessary.
IT IS THEREFORE ORDERED that the Plaintiff, Lorraine Davis Lewis, pay to the Defendant the sum of $2,522.00 as reasonable and necessary attorneys' fees incurred to pursue the discovery issues related to the Motion to Compel and Motion to Enforce Court's Order Granting Defendant's Motion to Compel. Payment of these fees shall be made in full within thirty (30) days of the filing of this order.