TROPICAL PARADISE RESORTS, LLC v. JBSHBM, LLC et al

Filing 177

ORDER AWARDING ATTORNEYS' FEES AND COSTS re Hotels' Notice, DE# 174 , is APPROVED. Hotels are awarded $5,547.69 in fees to be paid by PC. Hotels are awarded $515.00 in costs to be paid by PC. Post-judgment interest shall accrue pursuant to 28 U.S.C. § 1961.Parties shall file proof of compliance on or before January 31, 2022. Signed by Judge Beth Bloom on 12/16/2021. See attached document for full details. (ebz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 18-cv-60912-BLOOM/Valle
TROPICAL PARADISE RESORTS, LLC, d/b/a
RODEWAY INN & SUITES, a Florida Limited
Liability Company,
Plaintiff,
v.
JBSHBM, LLC, a Florida Limited Liability
Company, and POINT CONVERSIONS, LLC, a
Delaware Limited Liability Company,
Defendants.

POINT CONVERSIONS, LLC, a Delaware
Limited Liability Company,
Counterclaim Plaintiff,
v.
TROPICAL PARADISE RESORTS, LLC,
d/b/a RODEWAY INN & SUITES, a Florida Limited
Liability Company, and CHOICE HOTELS
INTERNATIONAL, INC., a Maryland Corporation,
Counterclaim Defendants.
___________________________________________/
ORDER AWARDING ATTORNEYS’ FEES AND COSTS
THIS CAUSE is before the Court upon Plaintiff/Counterclaim Defendant Tropical
Paradise Resorts, LLC d/b/a Rodeway Inn & Suites and Counterclaim Defendant Choice Hotels
International, Inc.’s (collectively, “Hotels”) Notice of Filing Declaration Pursuant to the Court’s
October 21, 2021 Order, ECF No. [174] (“Notice”). The Court has reviewed the Notice, the
attached exhibits, the record in this case, the applicable law, and is otherwise fully advised. For

Case No. 18-cv-60912-BLOOM/Valle
the reasons set forth below, the Court awards attorneys’ fees and costs to Hotels consistent with
this Order.
In general, the court has broad, inherent authority to control discovery and may, upon
motion by the requesting party, compel “an answer, designation, production, or inspection” if “a
corporation or other entity fails to make a designation under Rule 30(b)(6)” or if “a party fails to
produce documents or fails to respond that inspection will be permitted.” Fed. R. Civ. P.
37(a)(3)(B). If the court grants a motion to compel, the court “must, after giving an opportunity to
be heard, require the party or deponent whose conduct necessitated the motion, the party or
attorney advising that conduct, or both to pay the movant’s reasonable expenses incurred in making
the motion, including attorney’s fees.” Fed. R. Civ. P. 37(a)(5)(A). The court may not order such
payment if “(i) the movant filed the motion before attempting in good faith to obtain the disclosure
or discovery without court action; (ii) the opposing party’s nondisclosure, response, or objection
was substantially justified; or (iii) other circumstances make an award of expenses unjust.” Id.
On October 5, 2021, Defendant Point Conversions, LLC’s (“PC”) corporate representative
failed to appear for a properly-noticed deposition and comply with discovery obligations in aid of
execution of this Court’s final judgment. See ECF No. [169]. On October 12, 2021, Hotels filed a
Motion to Compel and for Discovery Sanctions (“Motion to Compel”). See id. The Court
subsequently ordered PC to respond to the Motion to Compel. See ECF No. [170]. On October 21,
2021, after PC failed to respond to the Motion to Compel, the Court granted an award of reasonable
attorneys’ fees and costs to Hotels as a result of PC’s corporate representative’s failure to attend
the October 5, 2021 deposition. See ECF No. [171] at 3. The Court ordered that Hotels’ Counsel
and PC’s Counsel confer and attempt in good faith to reach an agreement on the amount of
attorney’s fees and costs to be paid by PC. See id. at 3-4. The Court further ordered that if the
Parties could not agree on the amount, within fourteen (14) days of Counsels’ conferring, or
2

Case No. 18-cv-60912-BLOOM/Valle
attempting to confer, Hotels shall file an affidavit setting forth the hourly rate for Hotels’ Counsel,
the number of hours expended, and costs. See id. at 4.
The Notice states that the Parties conferred on November 9, 2021, but were unable to agree
on the amount of fees and costs at issue. Hotels further state that they incurred a total of $5,547.69
in fees for seventeen (17) hours of work and $515 in costs. See ECF No. [174]. Hotels state that
they calculated the $5,547.69 in fees using the hourly rates that this Court previously found
reasonable, see ECF Nos. [161], [163], and applied a 10% discount afforded to Hotels on the total
fees, see ECF No. [174] at 4-5. Hotels’ exhibits include time entries and invoices detailing Hotels’
Counsel’s fees and costs. See ECF No. [174-1].
Accordingly, it is ORDERED AND ADJUDGED that:
1. Hotels’ Notice, ECF No. [174], is APPROVED.
2. Hotels are awarded $5,547.69 in fees to be paid by PC.
3. Hotels are awarded $515.00 in costs to be paid by PC.
4. Post-judgment interest shall accrue pursuant to 28 U.S.C. § 1961.
5. Parties shall file proof of compliance on or before January 31, 2022.
6. Hotels shall have the right to immediately initiate proceedings supplementary to and in
aid of execution of this Order and to request such other relief deemed proper.
DONE AND ORDERED in Chambers at Miami, Florida, on December 16, 2021.

_________________________________
BETH BLOOM
UNITED STATES DISTRICT JUDGE
Copies to:
Counsel of Record

3