Digital Advertising Displays, Inc. v. Newforth Partners, LLC et al

Filing 144

ORDER Pursuant to this Courts order granting in part Defendants Motion to Compel and for Sanctions docket #129 , defense counsel has timely filed an affidavit setting forth a summary of his and his associates experience and a description of the services rendered, the amount of time spent, the hourly rate, and the total amount of attorneys fees claimed for Defendants preparation of the motion. Although provided the opportunity to do so, Plaintiff did not file any objections to the affidavit. The Court finds that Mr. Onsagers hourly rate ($305.00) and Mr. Johnsons hourly rate ($220.00) are reasonable and that the total time necessary (4.1 hours) to research and prepare an 8-page motion containing approximately 160 pages of attachments is appropriate. WHEREFORE, the Court ORDERS that Plaintiff be sanctioned in the amount of $1,140.00, to be paid to counsel for the Defendant Sherwood Partners, LLC as a reasonable sanction of attorneys fees. This amount shall be paid no later than August 30, 2013. Counsel for Plaintiff shall file a Notice of Compliance with Order re: Sanctions on or before September 6, 2013, by Magistrate Judge Michael E. Hegarty on 8/6/2013. (ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00682-WJM-MEH
DIGITAL ADVERTISING DISPLAYS, INC., a Colorado corporation,
Plaintiff,
v.
SHERWOOD PARTNERS, LLC, a California limited liability company,
NEWFORTH PARTNERS, LLC, a California limited liability company,
DHANDO INVESTMENTS, INC., a Delaware corporation, and
ROBERT HOFFER, an individual,
Defendants.

ORDER RE: SANCTIONS

Michael E. Hegarty, United States Magistrate Judge.
Pursuant to this Court’s order granting in part Defendants’ Motion to Compel and for
Sanctions [docket #129], defense counsel has timely filed an affidavit setting forth a summary of
his and his associate’s experience and a description of the services rendered, the amount of time
spent, the hourly rate, and the total amount of attorney’s fees claimed for Defendants’ preparation
of the motion [docket #137]. Although provided the opportunity to do so, Plaintiff did not file any
objections to the affidavit. The Court finds that Mr. Onsager’s hourly rate ($305.00) and Mr.
Johnson’s hourly rate ($220.00) are reasonable and that the total time necessary (4.1 hours) to
research and prepare an 8-page motion containing approximately 160 pages of attachments is
appropriate.
WHEREFORE, the Court ORDERS that Plaintiff be sanctioned in the amount of $1,140.00,
to be paid to counsel for the Defendant Sherwood Partners, LLC as a reasonable sanction of

attorney’s fees. This amount shall be paid no later than August 30, 2013. Counsel for Plaintiff shall
file a Notice of Compliance with Order re: Sanctions on or before September 6, 2013.
Dated at Denver, Colorado this 6th day of August, 2013.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

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