Columbia National Insurance Company v. Coastal Area Stores, Inc. et al

Filing 20

ORDER granting 11 Motion for Attorney Fees. Defendant Smith is ordered to pay plaintiff three hundred and sixty two dollars and twenty cent within fourteen days of the date of this Order. Signed by Magistrate Judge G. R. Smith on 3/25/2013. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATE SBORO DIVISION
COLUMBIA NATIONAL
INSURANCE COMPANY,

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Plaintiff,

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V.

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Case No. CV612-052

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COASTAL AREA STORES, INC.,
dlb/a CLYDE'S MARKET, and
MISTY SMITH,

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Defendants.

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ORDER
On July 12, 2012, plaintiff sent Misty Smith and her attorney a
notice and request for waiver of service pursuant to Fed. R. Civ. P. 4(d).
(Doc. 11-2). There was no response, which necessitated formal service of
process, which plaintiff effected on August 27, 2012. (Doc. 7.) Plaintiff
now moves to recover the costs associated with service, along with
reasonable attorney's fees incurred in drafting the motion. (Doc. 11.)
As Smith has not responded to the motion, it stands unopposed pursuant
to S.D. Ga. LR 7.5.
Smith has not shown good cause for her failure to sign and return

the waiver of service. Therefore, the Court "must" impose on her the
expenses occurred in making service and the reasonable expenses
plaintiff incurred in filing its motion. Fed. R. Civ. P. 4(d)(2 (emphasis
added). Plaintiff represents that it spent $175 on service costs and
$187.50 in preparation of the motion, which took 1.5 hours to prepare.
(Doc. 11-1 at 2.) The Court accepts those expenses as reasonable, under
the circumstances. Plaintiff's motion (doc. 11) is thus GRANTED, and
defendant Smith is ORDERED to pay plaintiff $362.20 within 14 days of
the date of this Order.

SO ORDERED this _____ day of March, 2013.

JUDGE
VNITED
SOUTHERN DISTRICT OF GEORGIA

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