United States of America v. Huckaby et al

Filing 22

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/23/14 ORDERING that within 14 days of this order, Robert Huckaby shall reimburse the United States for the reasonable expenses incurred in making its motion to compel, ECF No. 8 , in the amount of $2,632.53. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiffs,

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No. 2:13-cv-2158-MCE-EFB

v.

ORDER

ROBERT HUCKABY, individually and in
his capacity as the Trustee of Texas Tea
Trust; GREGORY L. HUNT; and
ACTION CONSTRUCTION CO.,
Defendants.

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Pursuant to the court’s June 18, 2014 order, ECF No. 16, the parties have submitted

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briefing on the United States’ reasonable expenses incurred in making its motion to compel.

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Having considered the declaration of Richard Schwartz, ECF No. 17, defendants’

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objections to Mr. Schwartz’s declaration, ECF No. 18, and plaintiff’s reply, ECF No. 20, the

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court hereby ORDERS that within fourteen days of this order, Robert Huckaby shall reimburse

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the United States for the reasonable expenses incurred in making its motion to compel, ECF No.

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8, in the amount of $2,632.53.1

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DATED: July 23, 2014.

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This sum is based on $1,903.30 for attorneys’ fees and $729.23 for the costs incurred by
plaintiff’s counsel to attend the June 18, 2014 hearing. In his declaration, Mr. Schwartz states
that the expenses for attending the hearing totaled $824.09, and that Exhibit 1 to his declaration
contains “receipts evidencing the costs associate with attending the June 18, 2014 hearing.” ECF
No. 17 ¶ 6. However, the receipts contained in Exhibit 1only show that Mr. Schwartz incurred
$729.23 in expenses, and he fails to account for the addition $94.86. ECF No. 17-1.
Accordingly, the court finds that plaintiff is only entitled to $729.23 for the cost of attending the
hearing, plus attorneys’ fees.
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