Benson, et al. v. VSIM Patent Co LLC, et al., No. 1:2012cv01161 - Document 99 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by Magistrate Judge Theresa Carroll Buchanan on 5/2/2013. (rban, )
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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division KEITH BENSON, et al., Plaintiffs, v. VSIM PATENT CO. LLC, et al., Defendants. ) ) ) ) ) ) ) ) ) Civ. No. 1:12cv1161 MEMORANDUM OPINION THIS MATTER came before the Court on plaintiffs Affidavit of Caitlin Lhommedieu, Esq. and supporting documents in support of attorneys fees (Dkt. 81) in connection with plaintiffs Motion to Compel and for Protective Order (Dkt. 58) heard on February 15, 2013. Consideration by the Court of plaintiffs attorneys fees was limited to plaintiffs Motion to Compel and for Protective Order. Yet, plaintiffs submitted legal bills not just for time related to preparation and appearance at those motions, but for plaintiffs Motion for Sanctions (Dkt. 30) and other matters as well. In addition, plaintiff failed to submit affidavits from independent witnesses as to the reasonableness of their fees and the prevailing market rate. They also failed to address the factors the Court must consider for an award of counsel fees and costs pursuant to Robinson v. Equifax Info. Svcs., LLC, 560 F.3d 1 235, 243-44 (4th Cir. 2009). The Court further finds that since the motions were only granted in part, the motions were fairly contested. This Court declines to award fees and costs. An appropriate order shall be entered. ENTERED this 2nd day of May, 2013. /s/ THERESA CARROLL BUCHANAN UNITED STATES MAGISTRATE JUDGE Alexandria, Virginia 2
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