Turner v. Redding Bank of Commerce

Filing 39

ORDER signed by Magistrate Judge Dennis M. Cota on 10/24/18 ORDERING that plaintiff's counsel shall pay to defendant's counsel reasonable expenses pursuant to Fed. R. Civ. P. 37(a)(5) in the amount of $6,230.00 within 15 days of the date of this order. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JULIE TURNER,

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Plaintiff,

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No. 2:17-CV-1047-TLN-DMC

v.

ORDER

REDDING BANK OF COMMERCE,

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Defendant.

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Plaintiff, who is proceeding with retained counsel, brings this civil action. On

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September 14, 2018, the court granted defendant’s motion to compel and motion for expenses

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under Federal Rule of Civil Procedure 37(a)(5) subject to submission of a supplemental

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declaration from defendant’s counsel as to actual expenses. Defendant’s counsel has submitted a

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supplemental declaration (Doc. 36) and plaintiff’s counsel has replied (Doc. 37).
As outlined in the counsel’s supplemental declaration, defendant seeks an order

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awarding $7,688.00 in attorney’s fees representing 28.4 hours of work at a rate of $270 per hour.

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Defendant does not seek any costs associated with its motion to compel. Of the claimed 28.4

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hours, 5.4 hours are claimed relating to time traveling to Sacramento on July 11, 2018, to attend

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the originally-scheduled hearing. Plaintiff objects to this portion of defendant’s request.

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Plaintiff’s objection is well-taken. While the court’s local rules require that

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discovery motions be noticed for hearing before the assigned Magistrate Judge, see E. Dist. Cal.

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Local Rule 302(c)(1), defendant noticed its motion to compel and motion for expenses for hearing

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at the courthouse “located at 501 I Street, Sacramento, California. . .,” see Docs. 20 and 21

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(defendant’s notices of motion), even though the assigned Magistrate Judge in this case is located

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in Redding, California. Given defendant’s error in noticing its motions for hearing in Sacramento

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instead of Redding, the expense associated with counsel’s travel to and from Sacramento for a

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hearing on July 11, 2018, are more reasonably attributable to defendant’s error rather than

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plaintiff’s conduct necessitating the motion to compel. The amount requested will, therefore, be

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reduced by $1,458.00 (5.4 hours at $270 per hour).
Accordingly, IT IS HEREBY ORDERED that plaintiff’s counsel shall pay to

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defendant’s counsel reasonable expenses pursuant to Fed. R. Civ. P. 37(a)(5) in the amount of

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$6,230.00 within 15 days of the date of this order.

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Dated: October 24, 2018
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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