Sterling Cross Defense Systems, Inc. v. Dolarian Capital, Inc., et al.

Filing 35

ORDER RE: Discovery Sanctions 32 signed by Magistrate Judge Gary S. Austin on 5/29/2015. The Court directs the United States Marshals Service to personally serve a copy of this order on Defendant Ara G. Dolarian and Mr. Myron Smith respectively and to submit proof of such service to the Court. (Martinez, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STERLING CROSS DEFENSE
SYSTEMS, INC.,
Plaintiff,

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No. 1:13-cv-01773-AWI-GSA

ORDER RE. DISCOVERY SANCTIONS
v.
DOLARIAN CAPITAL, INC., et al.,
(Doc. 32)
Defendants.

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On May 19, 2015, Plaintiff Sterling Cross Defense Systems, Inc. (“Plaintiff”) filed a

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motion to compel based on the failure of Defendant Ara Dolarian (“Defendant”) and his counsel,

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Myron Smith, to appear at Mr. Dolarian’s deposition, which was properly noticed for May 11,

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2015. Doc. 32 at 3, 6; Doc. 32-1 at 11-15. Defendant did not file any opposition to Plaintiff’s

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motion to compel. The motion was set for hearing on May 22, 2015. Docs. 31, 33. Neither

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Defendant nor his counsel appeared at the motion hearing. Doc. 34.
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The Court has since determined, with reference to the website of the State Bar of

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California, that Defendant’s counsel appears to have stopped practicing law in California as of

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February 27, 2015. However, Mr. Smith failed to advise the Court of this development and to
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withdraw as attorney of record for Plaintiff. Furthermore, Plaintiff’s counsel, Jeff Reich, states in

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a declaration submitted with the motion to compel that “it has been difficult to communicate with

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[Defendant’s] counsel throughout this case.” Doc. 32 at 7, ¶ 11. Mr. Reich also states in his

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declaration that “over the last six to eight weeks I have attempted to contact [Defendant’s]

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counsel on several occasions, leaving messages each time, but have had no response whatsoever.”

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Id. As detailed in Plaintiff’s moving papers, Plaintiff’s counsel expended considerable time and

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energy in attempting to reach Mr. Smith to discuss the scheduling of Defendant’s deposition, to

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no avail. See Docs. 32 and 32-1.

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Accordingly, at the hearing on Plaintiff’s motion to compel, the Court granted Plaintiff’s
request for discovery sanctions, specifically attorney fees and expenses for bringing the instant

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motion to compel. See Fed. R. Civ. P. 37(d)(3). Plaintiff has requested $ 1,625.00 in attorney
fees (3 hours of attorney time billed at $275 per hour and 8 hours of paralegal time billed at $100

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per hour). Doc. 32 at 7. The Court finds that the respective rates for attorney and paralegal

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services, as well as the hours of attorney and paralegal time requested, are reasonable. Myron

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Smith, who remains Defendant’s counsel of record, is therefore ordered to pay $ 1,625.00 in

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attorney fees to Plaintiff.
Finally, the Court directs the United States Marshals Service to personally serve a copy of

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this order on Defendant Ara G. Dolarian and Mr. Myron Smith respectively and to submit proof
of such service to the Court.

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IT IS SO ORDERED.
Dated:

May 29, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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