-TCB United Marketing Solutions, Inc. v. Fowler et al, No. 1:2009cv01392 - Document 38 (E.D. Va. 2010)
Court Description: MEMORANDUM OPINION re: Award of costs and fees incurred in bringing defendants' Motion to Compel discovery from Plaintiff. (See Memorandum Opinion For Details). Signed by Magistrate Judge Theresa Carroll Buchanan on 7/16/10. (nhall)
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-TCB United Marketing Solutions, Inc. v. Fowler et al UNITED FOR THE Doc. 38 STATES EASTERN DISTRICT DISTRICT Alexandria COURT V^ F p |j=s L OF VIRGINIA ^ ^>T1 rv Division JULfl 62010 United Marketing Solutions, Inc.,) Plaintiff, ) v. ) Angie M. Fowler, et al., Civil Action No. l:09cvl392 ) Defendants. ) Memorandum Opinion THIS MATTER originally came before Motion to Compel granting the motion, fees incurred Fed. R. Civ. The discovery this Court Plaintiff Court in bringing P. from this motion was has reviewed no. 22). an award of Upon costs and appropriate pursuant the Certification on Motion defendants counsel Einbinder, in Opposition to Michael to defendants' in to Compel as well of submitted by as Attorneys' Support plaintiff's Fee Application on to Compel. In considering this award of fees costs, to use the standards in v. Equifax Information Services, Robinson (4th Cir. 2009) . defendants' fee finds as set and appropriate factors on defendants' 37. Fee Application Motion Court (Docket found that Attorneys' Brief the forth by the LLC, it is Fourth Circuit 560 F.3d 235 The Court has reviewed the reasonableness of request in that context and as to the twelve follows: Dockets.Justia.com 1. The time and labor expended: Mr. Einbinder certification to of the June 2010 include heard counsel 18, represented that not does amend which was all on has on the was reasonable pleadings on the motion. had to in Court fees for reason June the 18, 2010 one-half of on spent same and paralegal the appear time expenses The Court finds to the necessary as is since motion reduced by in his plaintiff's motion up However, be on outlined leading plaintiff's will time date. time and the hearing evident defendants' as that well, one-half. counsel then For claimed by defendants from the the will same be granted. Therefore, be as the Court finds the reasonable Einbinder 13.50 hours 3.70 hours 33.75 hours Ricahrd Bayer 2.25 hours Lydia 7.00 hours 1.50 hours Vincent Amberly Stephanie Blumstein Newcomb Christina Bezas The novelty and difficulty of the questions The that expended to follows: Michael 2. time it defendants involved discovery expert reviewing responses, report, defendant's resolve motion, as as spent these matters not novel, and compiling deposition well counsel although legal a research. with plaintiff's was complex information transcripts, significant raised: in from the and plaintiff's In addition, amount counsel, of to time no trying to avail. 3. The skill required to properly perform the legal services rendered: The Court counsel was finds thorough preparation, and the memoranda and well review of necessary by all 4. that of prepared, and the pleadings defendants' The attorney's filed by defendants counsel opportunity costs the participation, was reasonable and and paralegals. in pressing the instant litigation: The Court finds to the motion to that compel, counsel should motion, had plaintiff 5. not have customary fee Mr. Einbinder although the and costs in a case. Data al. fees and Solutions, Town Court that defendants' spend valuable to time on that fees level for the its discovery relevant this obligations. the hourly rates at a the rate demanded should not the entire be in opinion counsel's reasonable experience hourly according to rates U.S. fees in Jie v. an IIF Plant, et et al., expertise, for Northern Northern required in Zhou and for litgating a opinion in However, awarding that course of recent for him and reasonable. reasonable of proof and are Center Limited Partnerships, and paralegals follows: that and paralegals l:06cv641 Based upon as clear reviewed the l:08cv374. attorneys is it particularly for like work: costs has Merrifield finds not discovery motion The Court v. had determine Virginia, award of is although represents his New York attorneys Court must issue compelled with The this this the the plaintiff's Virginia rates is Mr. Einbiner $400.00 Ms. Blumstien $250.00 Mr. Bayer $250.00 Mr. Amberly $350.00 Ms. Newcomb $ 90.00 Ms. Bezas $ 90.00 Court finds 5,6,10,11. The expectations at limitations imposed by undesirability the suit the outset arose) of relevant to 8. The amount The defendants their client or within the (nature and attorney and to were reputation that Court finds counsel Attorney's The Court cited in factor commensurate motions. time client) 10 (the community in which of the professional are not particularly in results that obtained: the Court granted compel. submitted and that 12. legal length successful The experience, defense (the circumstances), in controversy and the The of 6 attorney's this matter. motion 9. 5(the litigation), the 11 relationship between of factors case the and that is finds 5, with experience, bolstered by the the fees the and ability of fee award awards that the quality of awarded and ability the pleadings these factors. cases: its charged by fees reputation supported by similar based upon fees counsel in is the attorney: review of defendants' in the cases counsel connection with is similar CONCLUSION The Court costs are finds that reasonable the attorneys's and necessary expenses connection with defendants' Michael following Einbinder motion to incurred fees and in compel: 13.0 hours at $400 = $5400.00 3.7 hours at $350 = $1295.00 33.75 hours at $250 = $8437.50 Richard Bayer 2.25 hours at $250 = $ 562.50 Lydia 7.0 hours at $90 = $ 630.00 1.5 hours at $90 = $ 135.00 $ 16,460 $ 9.95 $ 19.00 Vincent Amberly Stephanie Blumstein Newcomb Christina Bazas EXPENSES FedEx (50% Messenger (50% of Hotel of to deliver (50% or $250.00) of Transcript Total of of $125.00 $350.00) Transportation (50% courtesy copies $38.00) (50% Amtrak $19.90) (50% June $87.30) $175.00 of $50) 18, 2010 $ 25.00 $ 43.65 hearing $16,857.60 Therefore, Solutions Inc., within thirty the Court shall (30) ENTERED this that plaintiff, United Marketing pay the sum of $16,857.60 to defendants days. finds An appropriate order shall be issued. lw """day of July, 2010 Isi Theresa Carroll Buchanan United States Magistrate Judge Alexandria, Virginia
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