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Prisbrey v. State Auto Ins. Co.

United States District Court, District of Utah
Jun 6, 2023
4:21-cv-124 DN DBP (D. Utah Jun. 6, 2023)

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.


Summaries of

Prisbrey v. State Auto Ins. Co.

United States District Court, District of Utah
Jun 6, 2023
4:21-cv-124 DN DBP (D. Utah Jun. 6, 2023)
Case details for

Prisbrey v. State Auto Ins. Co.

Case Details

Full title:KENT TERRY PRISBREY, an individual, Plaintiff, v. STATE AUTO INSURANCE…

Court:United States District Court, District of Utah

Date published: Jun 6, 2023

Citations

4:21-cv-124 DN DBP (D. Utah Jun. 6, 2023)