Gunn et al v. WCA Logistics, LLC et al

Filing 91

ORDER that Third-Party Defendant Breen be sanctioned in the amount of $2,160.00, to be paid to counsel for WCA as a reasonable sanction of attorneys fees. This amount shall be paid no later than September 12, 2014. Counsel for Plaintiff shall file a Notice of Compliance with Order re: Sanctions on or before September 19, 2014, by Magistrate Judge Michael E. Hegarty on 8/19/2014. (evana, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-02197-WJM-MEH BEN GUNN, and JENNIFER GUNN, Plaintiffs, v. WCA LOGISTICS, LLC, and WCA LOGISTICS II, LLC, Defendants/Third-Party Plaintiffs, WILLIAM C. CARTER, Defendant, v. JOHN E. BREEN, Third-Party Defendant. ORDER RE: SANCTIONS Michael E. Hegarty, United States Magistrate Judge. Pursuant to this Court’s order granting in part Defendants’ Motion to Compel [docket #79], counsel for Defendant and Third-party Plaintiffs WCA Logistics, LLC and WCA Logistics II, LLC, (collectively, “WCA”) has timely filed an affidavit setting forth a summary of her and her two associates’ 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 WCA’s preparation of the motion [docket #86]. Although provided the opportunity to do so, Third-Party Defendant John Breen did not file any objections to the affidavit. The Court finds that Ms. Rodgers’ hourly rate ($200.00), Mr. Godec’s hourly rate ($250.00), and Mr. Riley’s hourly rate ($200.00) are reasonable and that the total time necessary (10.6 hours) to research and prepare the 7-page motion and 6-page reply brief containing approximately 37 pages of attachments is appropriate. WHEREFORE, the Court ORDERS that Third-Party Defendant Breen be sanctioned in the amount of $2,160.00, to be paid to counsel for WCA as a reasonable sanction of attorney’s fees. This amount shall be paid no later than September 12, 2014. Counsel for Plaintiff shall file a Notice of Compliance with Order re: Sanctions on or before September 19, 2014. Dated at Denver, Colorado this 19th day of August, 2014. BY THE COURT: Michael E. Hegarty United States Magistrate Judge 2

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