Loop AI Labs, Inc. v. Gatti et al

Filing 973

ORDER Awarding Sanctions to Almawave USA Inc. re 895 Discovery Letter Brief for Expenses Related to Witness Luca Ferri, 970 , 971 . Signed by Magistrate Judge Donna M. Ryu on 1/23/2017. (dmrlc1, COURT STAFF) (Filed on 1/23/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOOP AI LABS INC,

Case No. 15-cv-00798-HSG (DMR)

Plaintiff,
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v.

ORDER AWARDING SANCTIONS TO
DEFENDANT ALMAWAVE

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ANNA GATTI, et al.,

Re: Dkt. No. 895

Defendants.

United States District Court
Northern District of California

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Defendant Almawave USA, Inc. (“Almawave”) filed a discovery motion seeking sanctions

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related to its witness Luca Ferri, who traveled from Italy to prepare and appear for a deposition

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noticed by Plaintiff Loop AI, Labs, Inc. (“Loop”). Loop failed to take the deposition. [Docket

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No. 895.] On January 6, 2017, the court granted the motion in part, ruling that Almawave was

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entitled to reimbursement by Loop for Ferri’s airfare and hotel accommodations, as well as

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attorneys’ fees incurred in preparing Ferri and appearing with him for deposition on January 21,

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2016. [Docket No. 965.] In its motion, Almawave requested a total of $3,691.35 for airfare and

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hotel accommodations. [Docket No. 895-1 (Wallerstein Decl., Sept. 26, 2016) ¶¶ 4, 6, Exs. A, B.]

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It also requested $8,639.50 in attorneys’ fees for twelve hours of attorney time to prepare Ferri for

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deposition and 7.5 hours of attorney time spent waiting at the deposition site with Ferri. Id. at ¶¶

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18-20. The court ordered Almawave to submit proof of payment for Ferri’s airfare as well as

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billing records to support the attorney time spent preparing Ferri and attending the deposition.

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[Docket No. 965 at 8-9.] Almawave timely submitted the requested evidence. [Docket Nos. 970,

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971.]

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Having examined Almawave’s evidence, the court awards Almawave $907.03 for Ferri’s

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airfare and $2,784.32 for his hotel accommodations. [Docket Nos. 970 (Wallerstein Decl., Jan.

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13, 2017) Exs. 1 (airfare receipt), 2 (hotel receipt).]

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As to attorneys’ fees, defense counsel represented that attorneys prepared the witnesses for

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the jurisdictional depositions scheduled for the week of January 18, 2016 both separately and in

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groups, and that Ferri participated in group and individual preparation sessions on January 14,

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2016 through January 17, 2016. [Docket No. 895-1 (Wallerstein Decl., Sept. 26, 2016) ¶¶ 5, 8.]

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Almawave submitted redacted billing records that showed that its attorneys billed over 150 hours

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in January 2016 preparing its witnesses for the jurisdictional depositions. Wallerstein Decl., Jan.

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13, 2017 Ex. 3. It also submitted redacted billing records that show that attorney Kimberly Culp

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spent 7.5 hours attending the deposition with Ferri on January 21, 2016. [Docket No. 971 (Suppl.

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Wallerstein Decl., Jan. 13, 2017) ¶ 3 Ex. 1.] Based on this evidence, the court finds that it is
reasonable to award Almawave fees for 12 hours of attorney time spent preparing Ferri for

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deposition, as requested by Almawave. The court also finds that the requested hourly rates for

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Wallerstein and Culp, $478 and $431, respectively, are reasonable and in line with the prevailing

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market rates in the San Francisco Bay Area. See Blum v. Stenson, 465 U.S. 886, 895 (1984). The

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court awards Almawave a total of $5,407 for attorney time spent preparing Ferri for deposition

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(five hours for Wallerstein and seven hours for Culp). The court also awards Almawave

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$3,232.50 for the time spent by Culp attending the deposition on January 21, 2016. In total, the

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court awards Almawave a total of $12,330.85. Plaintiff Loop AI Labs Inc. shall pay this sum to

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Almawave within fourteen days of the date of this order.

OO
IT IS S

o
Judge D

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RDERE

______________________________________
Donna M. Ryu
United States MagistrateuJudge
M. Ry

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nna

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R NIA

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Dated: January 23, 2017

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IT IS SO ORDERED.

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UNIT
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United States District Court
Northern District of California

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