Hill v. R + L Carriers Inc

Filing 323

ORDER by Judge Maria-Elena James granting 314 Motion to Compel (cdnS, COURT STAFF) (Filed on 8/12/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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Plaintiff,
ORDER GRANTING MOTION TO
COMPEL PAYMENT OF SANCTIONS
AWARD

vs.
R+L CARRIERS SHARED SERVICES, LLC,

(DKT. NO. 314)
Defendant.

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No. C 09-01907 CW (MEJ)

GLENN HILL,

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On December 2, 2010, this Court issued an order granting Defendant R+L Carriers Shared

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Services, Inc.'s request for an award of attorneys’ fees and expenses incurred in connection with the

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unnecessary deposition of Paul Pursell and attempt to depose Robert Koenegstein in October 2010.

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Dkt. No. 273. At that time, the Court ordered the parties to meet and confer to discuss and attempt

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to agree on the amount of these costs and fees, and that if they were unable to reach an agreement,

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they should file a joint letter regarding the areas of dispute. Id.

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On March 4, 2011, the parties filed a joint letter indicating that they were unable to reach an

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agreement and setting forth the fees and costs Defendant seeks pursuant to the Court's Order. Dkt.

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No. 283. After consideration of the parties' arguments, the Court awarded Defendant $6,839.64 in

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expenses and fees. Dkt. No. 310

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Now before the Court is Defendant's Motion to Compel Payment of Sanctions Award. Dkt.

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No. 314. In its motion, Defendant states that Plaintiffs' counsel has neither paid the award, nor has

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he provided any indication that payment is forthcoming. Id. at 2. Because Plaintiffs' counsel has not

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complied with the Court's sanctions orders, Defendant requests that the Court grant its Motion to

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Compel and order Plaintiffs' counsel to promptly pay the outstanding sanctions award, and an

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additional $1,367.50 in fees incurred by Defendant in its attempts to obtain Plaintiffs' counsel's

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compliance with the Court's orders and to bring this Motion. Id.

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In response, Plaintiffs argue that Defendant's motion "was apparently filed by mistake.

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Defendant . . . has so many attorneys that the left hand apparently did not know what the right was

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doing." Pls.' Opp'n. 1, Dkt. No. 319. Specifically, Plaintiffs' counsel states that he explained to

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Defendant's California attorney, Charles Thompson, that he was "withholding the sanctions in the

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hope that they could be included in the final deal the parties reached, but if they were not included

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then he would pay them promptly after the deal was finalized." Id. at 2. Plaintiffs' counsel states

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that Mr. Thompson agreed to this proposal, but Defendant’s Ohio attorneys, Thompson Hine LLP,

United States District Court
For the Northern District of California

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were not made aware of the agreement and thus subsequently filed this motion in error. Id.
Defendant responds that it never accepted Plaintiffs' proposal and has expressly rejected it.
Def.'s Reply 2, Dkt. No. 321.
Upon review of the parties' arguments, the Court finds this matter suitable for disposition

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without oral argument and hereby VACATES the September 22, 2011 hearing. See Civil Local

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Rule 7-1(b). For the reasons stated in Defendant's motion and reply briefs, the Court GRANTS

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Defendant's motion to compel payment of sanctions. As to Defendant's request for an additional

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$1,367.50 in fees, the Court finds the amount excessive given that the motion, which contains

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roughly three full pages of text, is largely a factual summary with limited legal analysis.

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Accordingly, the Court shall grant an additional $500.00. Thus, Plaintiffs' counsel is hereby

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ORDERED to pay $6,839.64 in previously-awarded sanctions as well as $500.00 in additional

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sanctions within 10 days of the date of this Order.

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IT IS SO ORDERED.

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Dated: August 12, 2011
MARIA-ELENA JAMES
United States Magistrate Judge

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