Opinion
No. 01 C 839
April 11, 2002
MEMORANDUM OPINION AND ORDER
On February 8, 2002, we granted plaintiff's motion for fees and costs incurred to effect service. Defendant Elizabeth Gilbert has moved for reconsideration, which we now grant in part. We earlier pointed out that plaintiff's actual expenses were considerably greater than the amount actually awarded because the entitlement to fees and costs did not arise until after numerous attempts at service. And the failure to serve can, at best and charitably, be characterized as caused by defendant's inadvertence.
Nevertheless, we recognize that we may award fees and costs only for the time after failure to return the waiver. Defendant complains that 22.9 hours were spent on researching alternative methods of service. That is somewhat of an overstatement — much of that time was devoted to other matters, including drafting a detailed motion and affidavit. Even so, the time expended is considerable. We reduce that time by eight hours, at $225 per hour. The amended award is $13,509.20.