Allbritton et al v. Wiggins et al

Filing 40

ORDER granting 39 Motion for Attorney Fees. The Court awards plaintiffs $2,500.00 for their expenses, including attorneys' fees, incurred in making the motion to compel. Signed by Judge Susan Webber Wright on 3/13/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ADAM ALLBRITTON, SHERRY LYNN
BELL, KEVIN GARRISON, BIJI JOSE,
DENISE PEOPLES, and DEBORAH
TERRY, each individually and on behalf
of others similarly situated,
Plaintiffs,
vs.

JOEY WIGGINS, LIFESPRING
THERAPY SOLUTIONS, LLC,
and TRAVIS RAYE,
Defendants.

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No. 4:13-cv-00158-SWW

ORDER
By order entered February 13, 2014 [doc.#38], the Court granted plaintiffs’ motion
to compel responses to First Set of Interrogatories and Requests for Production of
Documents [doc.#20]. The Court noted that because it granted plaintiffs’ motion to
compel, the Court must require defendants to pay the plaintiffs’ reasonable fees incurred
in making the motion to compel, including attorney’s fees, unless defendants demonstrate
that their failure to respond to the plaintiffs’ discovery requests and provide the plaintiffs
full and complete responses to their discovery “was substantially justified” or that “other
circumstances make an award of expenses unjust.” Fed.R.Civ.P. 37(a)(5)(A).
Now before the Court is plaintiffs’ agreed motion for costs and attorneys’ fees
[doc.#39]. Plaintiffs state that the parties have conferred and agreed upon $2,500.00 as a
reasonable amount of expenses, including attorneys’ fees, incurred in making the motion

to compel. Accordingly, the Court grants plaintiffs’ agreed motion for costs and
attorneys’ fees and hereby awards plaintiffs $2,500.00 for their expenses, including
attorneys’ fees, incurred in making the motion to compel.

IT IS SO ORDERED this 13th day of March 2014.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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