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Kabins Family, Llc. v. Chain Consortium

United States District Court, D. Nevada
Mar 29, 2011
2:09-cv-1125-GMN-RJJ (D. Nev. Mar. 29, 2011)

Opinion

2:09-cv-1125-GMN-RJJ.

March 29, 2011


ORDER


This matter is before the Court on Defendants Gabriel Martinez, Esq., 99th Indian School, LLC, 99th Indian School Management, LLC, Capri II, LLC, Capri II, LLC and Phoenix 83rd, LLC's Application for Attorney's Fees and Costs (#268); Application for Attorneys Fees and Cost; Affidavit of Albert D. Massi, Esq. (#269); Defendants Edward Gutzman III; GEIII, LLC Benessere Management, LLC and Cipriani Management, LLC's Application for Attorney Fees (#270) and Defendants Todd Bergman and T.W.B. Enterprises, Inc.'s Application For Attorneys Fees and Costs (#271 and #272).

The Court has considered the Motions for Attorneys's Fees (#268, #269, #270, #271 and #272), the Addendum (#273), the Responses (#281, #282, #283, and #284) and the argument and representations of counsel at a hearing on the motions.

A hearing on the Motions for Attorneys' Fees and Costs (#268, #269, #270, #271 and #272) was held pursuant to Fed.R.Civ.P. 37. Defendants' Motion to Compel (#247) was previously granted by the Court. See Minutes of Proceedings (#266). The Court specifically finds that Plaintiff's failure to cooperate in the taking of the deposition, including numerous inappropriate objections, was not substantially justified and that no other circumstances make an award of expenses unjust. Good cause appearing therefore,

IT IS HEREBY ORDERED that the reasonable costs, including attorney's fees, incurred in bring the motion to compel and obtaining a court order are awarded to the defendants as follows:

1. [#268] Gabriel Martinez, Esq., 99th Indian School, LLC, 99th Indian School Management, LLC, Capri I, LLC, Capri II, LLC and Phoenix 83rd, LLC's Application for Attorney's Fees and Costs — 3.25 hours at $250/hour for a total of $812.50.
2. [#269] Application for Attorneys Fees and Cost; Affidavit of Albert D. Massi, Esq. (#269) — 12.4 hours at $350/hour for a total of $4,340.00.
3. [#270] Defendants Edward Gutzman III; GEIII, LLC Benessere Management, LLC and Cipriani Management, LLC's Application for Attorney Fees (#270) — 3.4 hours at $325/hour for a total of $1,105.00 + $2.00 parking.
4. [#271] and [#272] Defendants Todd Bergman and T.W.B. Enterprises, Inc.'s Application For Attorneys Fees and Costs (#271 and #272) — No award is made because counsel had no allowable expenses related to the motion to compel.

IT IS FURTHER ORDERED that these awarded expenses are to be paid by the Plaintiff and Plaintiff's attorneys jointly and severally as tactics employed by the Plaintiff's counsel were not reasonably justified.

IT IS FURTHER ORDERED that payment shall be made on or before April 7, 2011.


Summaries of

Kabins Family, Llc. v. Chain Consortium

United States District Court, D. Nevada
Mar 29, 2011
2:09-cv-1125-GMN-RJJ (D. Nev. Mar. 29, 2011)
Case details for

Kabins Family, Llc. v. Chain Consortium

Case Details

Full title:KABINS FAMILY, LLC., etc., et al., Plaintiff, v. CHAIN CONSORTIUM, etc.…

Court:United States District Court, D. Nevada

Date published: Mar 29, 2011

Citations

2:09-cv-1125-GMN-RJJ (D. Nev. Mar. 29, 2011)