Pruitt v. Genentech, Inc.
Filing
166
ORDER signed by District Judge John A. Mendez on 4/17/19 GRANTING Plaintiff's Motion for Sanctions. The Court awards Plaintiff $2,332 to be paid by Defendant's attorneys within ten (10) days of this order.(Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TIMOTHY PRUITT,
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No.
2:17-cv-00822-JAM-AC
Plaintiff,
v.
ORDER GRANTING PLAINTIFF’S
MOTION FOR SANCTIONS
GENENTECH, INC.,
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Defendant.
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On March 26, 2019, Defendant served a subpoena on Plaintiff,
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requiring the production of various documents.
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this subpoena despite the Court’s admonition to both parties at
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the pretrial conference that the discovery period had ended.
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response, Plaintiff filed a motion for protective order and to
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quash Defendant’s subpoena.
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Plaintiff’s motion and awarded him sanctions against defense
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counsel.
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ECF No. 139.
Defendants served
In
The Court granted
The Court awards Plaintiff the cost of drafting his motion.
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Plaintiff’s counsel submitted a declaration detailing how long
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Darci Burrell, a partner at Levy Vinick Burrell Hyams, LLP, spent
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on the motion.
Decl. of Darci E. Burrell (“Burrell Decl.”), ECF
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No. 151.
The declaration also sets out Burrell’s hourly rate.
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Id. at 2.
Plaintiff later supplemented Burrell’s declaration
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with her curriculum vitae.
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Darci Burrell CV, ECF No. 165.
As previously explained, a reasonable rate for attorneys in
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the Eastern District of California is not the same as a
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reasonable rate for attorneys in other districts.
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been practicing law for nearly 25 years across both the public
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and private sectors.
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hourly rate for someone with Burrell’s training and experience is
Id.
Burrell has
In the Eastern District, a reasonable
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$530 per hour.
See, e.g., Early v. Keystone Restaurant Group,
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LLC, No. 16-cv-00740-JAM-DB, 2019 WL 918211 at *5 (E.D. Cal. Feb.
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25, 2019).
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Plaintiff’s motion.
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Plaintiff $2,332 to be paid by Defendant’s attorneys within ten
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(10) days of this order.
Burrell spent 4.4 hours researching and drafting
Burrell Decl. at 2.
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IT IS SO ORDERED.
Dated: April 17, 2019
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The Court awards
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