Gordon v. Rousseau et al

Filing 18

ORDER. Petitioner is awarded a total monetary judgment of $9,497.50 against Respondent. By Judge Raymond P. Moore on October 15, 2020. (rvill, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Miscellaneous Case No. 19-mc-00090-RM
BARBARA GORDON,
Petitioner,
v.
JOHN BOYD COATES III, M.D.,
Respondent.
______________________________________________________________________________
ORDER
______________________________________________________________________________
On November 1, 2019 the Court issued an order granting Petitioner’s motion to quash
Respondent’s subpoena and awarding her costs and reasonable attorney fees incurred in
connection with the subpoena. Petitioner then filed a bill of costs and fees (ECF No. 11) along
with an affidavit from her counsel seeking $9,583.50 in fees. Respondent filed a response and
objection to the request (ECF No. 12), and Petitioner filed a reply (ECF No. 13). Upon review of
Petitioners’ affidavit, the pleadings, case file, and applicable law, the Court awards Petitioner
fees in the amount $9,497.50.
Having already ruled that Petitioner is entitled to her costs and fees, the Court assesses
here only the reasonableness of the amount requested. The Court begins by calculating the
lodestar amount of the fee, which is determined by multiplying the number of hours reasonably
expended by a reasonable hourly rate. See Robinson v. City of Edmond, 160 F.3d 1275, 1281
(10th Cir. 1998).

Petitioner’s counsel asserts that 28.6 hours of attorney time and 1.5 hours of paralegal
time were reasonably expended on drafting the motion to quash, filing a reply to Respondent’s
response to the motion, and responding to Respondent’s motion to transfer the case. Based on its
general experience as well as its familiarity with the proceedings in this case, the Court agrees.
Petitioner’s counsel also asserts that the hourly rates for himself ($325) and his paralegal
($135) are reasonable. Again, the Court agrees. Respondent offers no evidence that these rates
are not comparable to rates charged by attorneys and paralegals with similar experience.
Finally, given the nature of this dispute and the reasonableness of the time expended, the
Court declines to reject Petitioner’s fee request merely because he failed to provide specific
billing entries.
Although Petitioner seeks an award of $9,583.50, multiplying the hours asserted by the
rates provided yields a sum of $9,497.50. Neither party addresses this discrepancy, and the
Court will not award an additional $86 for no reason.
Therefore, it is ORDERED that Petitioner is awarded a total monetary judgment of
$9,497.50 against Respondent.
DATED this 15th day of October, 2020.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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