Darley v. Publix Super Markets, Inc.

Filing 31

Order re: Dft's 25 MOTION for Sanctions & 30 Affidavit in Support of Attorneys' Fees. Plf's counsel is ORDERED to pay Dft $5,348.00 as a sanction as set out. Plf's counsel is to pay the sanction directly to Dft on or bef ore 3/31/14 & should contact defense counsel regarding where & how such payment should be sent. Plf's counsel is to file a notice w/the court to confirm receipt of the payment by his client. Signed by Judge Callie V. S. Granade on 3/10/2014. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JEPSON DARLEY,

)
)
Plaintiff,
)
)
vs.
) CIVIL ACTION NO. 13-014-CG-M
)
PUBLIX SUPER MARKETS, INC., )
)
Defendant.
)
)
ORDER
This action is before the court on defendant’s motion for sanctions (Doc. 25),
and defendant’s affidavit in support of attorneys’ fees (Doc. 30). For reasons
explained below, the court finds that defendant should be awarded sanctions in the
amount of $5,348.00.
On February 10, 2014, this court granted defendant’s motion to dismiss and
for sanctions (Doc. 25) and found that defendant should be awarded the reasonable
expenses, including attorney's fees, caused by plaintiff’s failure to timely answer
discovery and to comply with this court’s order to compel. Defendant had previously
submitted an affidavit averring that defendant had incurred $2,492.00 in fees and
costs in drafting the motion to compel that was granted on October 15, 2013. (Doc.
22). No objection had been filed to that affidavit and the court found that the
requested $2,492.00 should be awarded. However, since the affidavit only included
the expenses incurred in actually drafting the motion to compel, the court ordered

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defendant to file an affidavit to support any additional fees and expenses claimed.
On February 24, 2014, defendant provided an affidavit stating that it had incurred
an additional $2,856.00 in attorneys’ fees as a result of plaintiff’s delays. (Doc. 30).
Thus, the total amount requested is $5,348.00. Plaintiff was ordered to file any
objection he had to the additional claimed amounts within five days of service of the
affidavit. To date, no objection has been filed.
After review of the additional affidavit (Doc. 30-1) along with the previously
claimed amounts (Doc. 22), the court finds that the rates and number of hours
claimed are reasonable and that they result from plaintiff’s failure to timely answer
discovery and to comply with this court’s order to compel. Accordingly, plaintiff’s
counsel is ORDERED to pay defendant $5,348.00 as a sanction pursuant to Rule
37 of the Federal Rules of Civil Procedure. Plaintiff’s counsel is ORDERED to pay
the above sanction directly to defendant, Publix Super Markets, Inc. on or before
March 31, 2014, and should contact defense counsel regarding where and how such
payment should be sent. Plaintiff’s counsel is directed to file a notice with the court
to confirm receipt of the payment by his client.
DONE and ORDERED this 10th day of March, 2014.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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