Opinion
4:21-cv-124 DN DBP
06-06-2023
KENT TERRY PRISBREY, an individual, Plaintiff, v. STATE AUTO INSURANCE COMPANIES, MILBANK INSURANCE COMPANY; and DOES A-Z, Defendants.
David Nuffer District Judge
MEMORANDUM DECISION AND ORDER REGARDING ATTORNEY FEES
Dustin B. Pead United States Magistrate Judge
The court previously granted Defendants' request for attorney fees. (ECF No. 78.) Pursuant to that order, Defendants submitted an Affidavit of Attorney's Fees and Costs seeking $4,779.50 due to Plaintiff's noncompliance with the court order for an inspection of the alleged damaged property. (ECF No. 85.) The court has carefully reviewed the Affidavit and finds the fees sought are reasonable based on the record before the court.
Plaintiff is reminded that it was his choice to initiate this case and, as such, he has a duty to prosecute it. The obligation to prosecute a case encompasses the paramount responsibilities of reciprocal discovery and candor. See Fed.R.Civ.P. 41(b) (“If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.”); Zemaitiene v. Salt Lake Cty., No. 2:17-cv-00007-DAK-JCB, 2021 U.S. Dist. LEXIS 45883, at *12 (D. Utah Mar. 10, 2021) (noting the plaintiff's duty to prosecute a case and meet certain obligations).
Defendants are awarded $4,779.50 in Attorney's Fees and Costs.
IT IS SO ORDERED.