Doe 1 et al v. Nielsen et al

Filing 261

Order Awarding Attorneys' Fees and Costs to Plaintiffs. Signed by Judge Virginia K. DeMarchi on 10/31/2019. (vkdlc1S, COURT STAFF) (Filed on 10/31/2019)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

SAN JOSE DIVISION

7
8

JANE DOE 1, et al.,
Plaintiffs,

9
10

United States District Court
Northern District of California

11
12
13

Case No. 18-cv-02349-BLF (VKD)
ORDER AWARDING ATTORNEYS’
FEES AND COSTS TO PLAINTIFFS

v.
KEVIN K. MCALEENAN, et al.,

Re: Dkt. No. 218

Defendants.
On October 8, 2019, the Court granted plaintiffs’ motion for an award of attorneys’ fees

14

and costs as a sanction under Rule 37(a)(5)(A) of the Federal Rules of Civil Procedure. Dkt. No.

15

249. Plaintiffs seek an award of $41,546.52 in attorneys’ fees. Dkt. No. 218. Plaintiffs supported

16

their request with declarations of counsel attesting to the fees incurred in sequestering DEF-1931,

17

challenging defendants’ clawback request, and bringing the motion to compel and for sanctions.

18

See Dkt. Nos. 219, 220. Plaintiffs explained the bases for their attorneys’ fees calculations,

19

including the use of reduced rates and application of a 20% discount with respect to the bulk of

20

counsel’s fees. Dkt. No. 219 ¶ 57; Dkt. No. 220 ¶¶ 3-9. At the Court’s direction, plaintiffs also

21

lodged for in camera review copies of the billing records supporting their request for attorneys’

22

fees on October 15, 2019.

23

Although defendants objected to an award of attorneys’ fees as a sanction, defendants did

24

not object that the amount of the sanctions award plaintiffs sought exceeded the scope of Rule

25

37(a)(5)(A). Dkt. No. 229. They also did not object to the number of hours claimed, the activities

26

encompassed, or the billing rates plaintiffs’ counsel used to calculate their attorneys’ fees. Id.

27

The Court has considered plaintiffs’ submissions in support of the requested attorneys’

28

fees, including the billing records lodged in camera, and concludes that the discounted fee

1

amounts requested are reasonable. The Court notes that these fees do not include amounts for

2

plaintiffs’ counsel’s work on their reply brief or preparing for and attending the hearing on the

3

motion to compel and for sanctions.
Accordingly, the Court orders defendants to pay $41,546.52 to plaintiffs, apportioned as

4
5

plaintiffs’ counsel may direct. Defendants shall pay this amount within 45 days of the date of this

6

order.

7
8

IT IS SO ORDERED.
Dated: October 31, 2019

9
10
VIRGINIA K. DEMARCHI
United States Magistrate Judge

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2