Federal Trade Commission v. Kutzner et al

Filing 350

MINUTE ORDER (IN CHAMBERS) AWARDING EXPENSES INCURRED IN MAKING MOTION 293 by Magistrate Judge Alexander F. MacKinnon: The Court grants FTC's request for sanctions and orders defendant Charles Marshall to pay to FTC within 30 days the amount of $2,908.75 as the reasonable expenses (including attorneys fees) incurred. (See document for details). (ib)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SA CV 16-00999 BRO (AFMx)
Title

Date: September 1, 2017

Federal Trade Commission v. Damian Kutzner, et al.

Present: The Honorable:

ALEXANDER F. MacKINNON, U.S. Magistrate Judge

Ilene Bernal
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Plaintiff:
N/A

Attorneys Present for Defendant:
N/A

Proceedings (In Chambers): ORDER AWARDING EXPENSES INCURRED IN MAKING
MOTION (ECF No. 293)
The Court previously granted plaintiff Federal Trade Commission’s (“FTC”) motion to
compel supplemental discovery responses by defendant Charles Marshall (“Marshall”). (ECF No.
318.) In the order, the Court also found that Marshall’s position was not substantially justified and
determined that an award of the FTC’s fees and expenses in preparing the motion was warranted
under Fed. R. Civ. P. 37(a)(5)(A). The FTC has now submitted a declaration of counsel Gregory J.
Madden specifying the fees and expenses that it has incurred in bringing the motion to compel.
(ECF No. 346.) The Court has reviewed the Madden declaration and finds that hours and hourly
rates set forth in the declaration are appropriate. However, the Court does not find reasonable the
expense of $158.50 for “PDF PAGES” that is reflected on Attachment 2, particularly where the FTC
has local counsel with an office on Wilshire Boulevard. This amount is deducted from the total
sought by the FTC.
Therefore, under Fed. R. Civ. P. 37(a)(5)(A), the Court grants FTC’s request for sanctions
and orders Marshall to pay to FTC within thirty (30) days the amount of $2,908.75 as the reasonable
expenses (including attorneys’ fees) incurred in making the motion.
IT IS SO ORDERED.

Initials of Preparer

CV-90 (03/15)

Civil Minutes – General

:
ib

Page 1 of 1