Campbell v. Meredith Corporation

Full title: CHARLES CAMPBELL, Plaintiff, v. MEREDITH CORPORATION, Defendant

Court: United States District Court, D. Kansas

Date published: Mar 18, 2002

Case No. 00-2275-JAR (D. Kan. Mar. 18, 2002)

Opinion

Case No. 00-2275-JAR.

March 18, 2002

MEMORANDUM ORDER AWARDING FEES AND COSTS

JULIE A. ROBINSON, United States District Judge.

Pursuant to the Magistrate's Report and Recommendation of December 21, 2001, and the District Judge's Order of January 8, 2002, the law firm of Plaintiff's counsel is responsible for payment of attorney fees and expenses incurred by Defendant Meredith Corporation ("Meredith"): (1) as a result of having to prepare to take Plaintiff's deposition on October 26, 2001; (2) as a result of any delay caused by Plaintiff's failure to attend his deposition on October 26; and (3) in connection with Meredith's Motion for Sanctions and the related Motion to Extend Time to File Dispositive Motion (doc. 45), including the expenses and fees incurred in connection with the oral argument on said motions. Meredith has submitted its Memorandum and Affidavit Regarding Attorney's Fees and Costs and Plaintiff has responded. This matter is now before the Court for a determination of the reasonable amount of fees and costs to assess against Plaintiff's counsel.

Meredith is requesting attorney's fees of $9,331.00¹ and related out-of-pocket expenses of $751.46, for a total of $10,082.46.

1 Meredith appears to have omitted a $420 entry for work done by Robert McKinley.

The Court finds that an award of fees and expenses in the amount of $4,555² is reasonable. The Magistrate's Report and Recommendation notes that it is necessary to impose some sanctions as a deterrent to further similar inaction on the part of Plaintiff's counsel and Plaintiff himself. The Court finds that an award of fees and expenses in the amount of $4,555 achieves this goal.

2 The Court subtracted the fees submitted for work on 10/03/01 through 10/15/01, 10/30/01 through 11/07/01, 11/14/01, 11/15/01, and the cost for electronic research. The Court also reduced the fees submitted for work on 10/26/01 (allowing one hour at $150/hour), 10/29/01(allowing one hour at $150/hour), 11/08/01 (allowing one hour at $150/hour), and 11/15/01 (allowing one hour at $280/hour).

IT IS THEREFORE ORDERED BY THE COURT that the law firm of Jenkins Company, Lawyers, is ordered to pay Meredith Corporation's fees and expenses in the amount of $4,555.

IT IS SO ORDERED.