Barker et al v. USAA CIC Casualty Insurance Company, No. 1:2020cv00951 - Document 46 (D.N.M. 2021)

Court Description: AGREED ORDER GRANTING ATTORNEY FEE AWARD by District Judge Kea W. Riggs. Defendant is awarded attorneys' fees and costs in the total amount of $6,901.36 in relation to Defendants 34 Motion to Dismiss Plaintiffs' Case for Discovery Violations and the Court's 41 Memorandum Opinion and Order. (ve)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ZANE B. BARKER and WENDY S. BARKER, Plaintiffs, v. No.: 1:20-cv-00951-KWR-JFR USAA CASUALTY INSURANCE COMPANY, Defendant. AGREED ORDER GRANTING ATTORNEY FEE AWARD THIS MATTER comes before the Court regarding its recent decision [Doc. 41] on Defendant’s Motion to Dismiss Plaintiffs’ Case for Discovery Violations [Doc . 34]. In its decision the Court awarded Defendant reasonable attorney’s fees and costs resulting from filing its motion and pursuing third-party subpoenas. Defendant was ordered to file an affidavit outlining the fees and costs it incurred. On October 12, 2021, Defendant submitted the Declaration of Jennifer A. Noya in Support of Attorney’s Fees Award [Doc. 43] detailing fees and costs in the amount of $6,901.36. Plaintiffs did not file any objection to the amount requested by Defendant. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT Defendant is awarded attorneys’ fees and costs in the total amount of $6,901.36 in relation to Defendant’s Motion to Dismiss Plaintiff’s Case for Discovery Violations [Doc. 34] and the Court’s Memorandum Opinion and Order [Doc. 41]. IT IS SO ORDERED. __________________________________ KEA W. RIGGS UNITED STATES DISTRICT JUDGE SUBMITTED BY: MODRALL, SPERLING, ROEHL, HARRIS & SISK, P.A. By: /s/ Jennifer A. Noya Jennifer A. Noya Sonya R. Burke Nicole T. Russell Post Office Box 2168 Bank of America Centre, Suite 1000 500 Fourth Street, N.W. Albuquerque, New Mexico 87103-2168 Telephone: (505) 848-1800 Attorneys for USAA CIC AGREED BY: MCCLENNY MOSELEY & ASSOCIATES, PLLC By: Approved by Derek L. Fadner via email on November 23, 2021 Derek L. Fadner Michael Barcus 516 Heights Boulevard Houston, Texas 77007 Email: Derek@mma-pllc.com Michael@mma-pllc.com Jonathan L.R. Baeza MARTINEZ & MARTINEZ LAW FIRM, PLLC 730 E. Yandell Dr. El Paso, Texas 79902 915.514.100 jonathan@martinezlawyers.com Attorneys for Plaintiff Y:\dox\client\10232\0007\DRAFTS\W4222371.DOCX 2

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