Turner v. Graphic Packaging International, Inc.

Filing 22

ORDER denying 20 Motion for Attorney Fees. Signed by Honorable P. K. Holmes, III on July 22, 2013. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
BYRON W. TURNER
v.

PLAINTIFF
Case No. 2:12-CV-02114

GRAPHIC PACKAGING INTERNATIONAL, INC.

DEFENDANT

ORDER
Currently before the Court is Defendant Graphic Packaging International, Inc.’s (“Graphic
Packaging”) motion for attorney fees (Doc. 20) and Plaintiff Byron W. Turner’s response (Doc. 21).
Attached to Graphic Packaging’s motion is an affidavit filed by Graphic Packaging’s counsel
pursuant to the Court’s previous order (Doc. 19) denying Graphic Packaging’s motion to compel
(Doc. 18) as moot but directing briefing on the issue of whether Graphic Packaging should be
awarded its attorneys’ fees incurred in bringing the motion.
Graphic Packaging requests $2,152.00 for fees incurred in bringing its motion to compel.
Turner responds that fees should not be awarded as Graphic Packaging was seeking Court
intervention for an informal discovery request. Turner argues that, although he ultimately complied
with Graphic Packaging’s request following the filing of the motion to compel, an award of fees is
not warranted in this instance. The Court also notes that Turner is proceeding in forma pauperis in
this case and would not appear to have the means to pay an award of fees to Graphic Packaging.
Because it appears that Turner’s objection to disclosure may have been substantially justified
and because the Court finds that other circumstances make an award of expenses unjust, the Court
declines to award fees to Graphic Packaging in this instance.
IT IS THEREFORE ORDERED that Graphic Packaging’s motion for attorney fees (Doc. 20)
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is DENIED.
IT IS SO ORDERED this 22nd day of July, 2013.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

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