Bayview Loan Servicing, LLC v. Boland et al

Filing 161

ORDER Morgan Defendants to reimburse Defendants Wyco Equities, Inc. and Floyd Legerski in the amount of $993.00 for the attorneys fees incurred in litigating the Motion to Compel (re: 143 Affidavit and 139 Order on Motion to Compel), by Magistrate Judge Kristen L. Mix on 7/13/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-00566-WDM-KLM BAYVIEW LOAN SERVICING, LLC, a Delaware limited liability company, Plaintiff, v. DAVID J. BOLAND, DAVID CORSENTINO, JOHN MORGAN, ALL IN ONE ENTERPRISES, LLC, a Colorado limited liability company, MATT MORGAN, ADVANCED INVESTMENTS, LLC, a Colorado limited liability company, JASON PANKOSKI, and MICHAEL VALDEZ, WYCO EQUITIES, INC., a Wyoming corporation, and FLOYD LEGERSKI, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on an Affidavit of Attorney Fees [Docket No. 143; Filed June 5, 2009] filed by counsel for Defendants Wyco Equities, Inc. and Floyd Legerski. On May 20, 2009, the Court issued an Order granting Defendants Wyco and Legerski's motion to compel Defendants John Morgan, Matt Morgan, All in One Enterprises, LLC and Advanced Investments, LLC (the "Morgan Defendants") to respond to discovery requests. [Docket No. 139]. The Court also granted Defendants Wyco and Legerski's request for attorney's fees pursuant to Fed. R. Civ. P. 37(a) and ordered that they submit an affidavit to the Court detailing the attorney's fees incurred in litigating the Motion to Compel. The 1

Morgan Defendants have not responded to the Order Granting Motion to Compel or the Affidavit of Attorney Fees submitted by Defendants Wyco and Legerski. The starting point for any calculation of a reasonable attorney's fee is the "lodestar," that is, the number of hours reasonably expended multiplied by a reasonable hourly rate. Hensley v. Eckerhart, 461 U.S. 424, 433 (1983); Malloy v. Monahan, 73 F.3d 1012, 101718 (10th Cir.1996). Generally, a party seeking an award of attorney's fees and costs must demonstrate that the fees and costs he seeks are reasonable. Dewey v. Hewlett Packard Co., No. 05-cv-01482-REB-MJW, 2007 WL 707462, at *1 (D. Colo. Mar. 5, 2007) (unpublished decision). Therefore, counsel must make a good faith effort to exclude hours that are "excessive, redundant or otherwise unnecessary." Hensley, 461 U.S. at 435. Counsel for Defendants Wyco and Legerski has submitted an affidavit detailing the costs in litigating the Motion to Compel. Counsel claims $993.00 in fees based on 1.2 hours of work at $245 per hour for lead counsel, 3.1 hours of work at $165.00 per hour for an associate, and 1.5 hours of work at $125.00 per hour for a paralegal. Affidavit [# 143] at ¶ 3. I conclude that the amount of fees claimed by Defendants is reasonable.

Accordingly, IT IS HEREBY ORDERED that the Morgan Defendants reimburse Defendants Wyco Equities, Inc. and Floyd Legerski in the amount of $993.00 for the attorney's fees incurred in litigating the Motion to Compel.

Dated:

July 13, 2009

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BY THE COURT:

s/ Kristen L. Mix Kristen L. Mix United States Magistrate Judge

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