Embotteladora Electropura S.A. de C.V. v. Accutek Packaging Equipment Company, Inc. et al
ORDER Imposing Monetary Sanctions. The Court orders Plaintiff to compensate Defendant's counsel for the costs incurred in connection with the discovery motion and declaration. Signed by Magistrate Judge David H. Bartick on 5/3/17.(dlg)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Case No.: 3:16-cv-00724-GPC (DHB)
S.A. de C.V.,
ORDER IMPOSING MONETARY
ACCUTEK PACKAGING EQUIPMENT
COMPANY, INC. et al.,
On May 1, 2017, the Court issued an order granting in part and denying in part
Defendant Accutek Packaging Equipment Company, Inc.’s (“Defendant”) Ex Part Motion
for Discovery Resolution of Dispute (ECF No. 22). (ECF No. 27.) In that order, the Court
directed Defendant to provide a declaration accounting for its attorney’s fees and costs
incurred in association with its motion. (Id. at 11.)
On May 2, 2017, Defendant’s counsel filed a declaration accounting for attorneys’
fees and costs. (ECF No. 28.) Counsel declares that he will bill Defendant $2,475 (9.9
hours at $250/hour) in connection with the discovery motion and his declaration. (Id. at ¶
3.) Defendant’s counsel represents that the costs are associated with (1) review and
analysis of discovery materials to prepare joint discovery motion, (2) preparing the joint
motion including supporting declaration, (3) preparing an email to opposing counsel
regarding the joint motion, (4) converting the joint motion to an ex parte motion, (5)
finalizing the motion’s filing, (6) review and analysis of the Court’s order scheduling
briefing on the ex parte motion, and (7) preparing a notice of non-receipt of opposition to
the ex parte motion. (Id. at ¶ 7.) In total, counsel’s efforts amounted to 7.7 hours in
connection with the ex parte motion.
In addition, counsel details that he will bill Defendant in connection with the
preparation of the instant declaration. (Id. at ¶ 8.) Counsel represents that his costs are
associated with (1) review and analysis of the Court’s order regarding the ex parte motion
(ECF No. 27), (2) review and analysis of billing records to prepare his declaration in
support of sanction award, and (3) preparation of declaration in support of sanction award.
(Id.) Counsel declares he spent 2.2 hours in total in preparation of his declaration. (Id.)
The Court finds it appropriate to require Plaintiff Embotteladora Electropura S.A. de
C.V. (“Plaintiff”) to compensate Defendant for costs incurred as a result of Plaintiff’s
nonparticipation in resolving this matter through motions practice or briefing as ordered by
the Court. Defendant’s failure to comply with the Court’s order to file opposition briefing
regarding the discovery motion warrants the imposition of monetary sanction under Local
Rule 83.1.a. Plaintiff’s disregard for Defendant’s attempts at resolution of the discovery
dispute forced Defendant to incur additional attorney’s fees. The Court finds that the time
and total amount ($2,475) incurred is within the range of what other attorneys doing similar
work would charge and is reasonable.
compensate Defendant’s counsel for the costs incurred in connection with the discovery
motion and declaration.
Accordingly, the Court orders Plaintiff to
IT IS SO ORDERED.
Dated: May 3, 2017
DAVID H. BARTICK
United States Magistrate Judge
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