General Electric Capital Corporation v. Wickard et al

Filing 66

OPINION AND ORDER re 64 AFFIDAVIT of Attorney Regarding Fees and Expenses by General Electric Capital Corporation. The Court hereby ORDERS Defendant Wayne G. Wickard to PAY Plaintiff General Electric Capital Corporations reasonable costs of $495.00 incurred in bringing the Motion to Compel. Signed by Magistrate Judge Paul R Cherry on 1/5/2016. (cc: Lerner, Wickard)(rmn)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
GENERAL ELECTRIC CAPITAL
CORPORATION,
Plaintiff,
v.
WAYNE G. WICKARD,
Judgment Defendant,
DIVERSIFIED MANAGEMENT
SERVICES,
Garnishee Defendant.

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) CAUSE NO.: 1:12-MC-6-PRC
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OPINION AND ORDER
This matter is before the Court on an Affidavit of Attorney Regarding Fees and Expenses
[DE 64], filed by Plaintiff General Electric Capital Corporation on December 18, 2015. Per the
Court’s Order dated December 16, 2015, and because Defendant Wayne G. Wickard filed no
response to an earlier, stricken affidavit, the Court has disallowed any response by Defendant
Wickard to this affidavit.
This matter originates in a Motion to Compel filed by Plaintiff on November 2, 2015. The
motion sought to compel Defendant Wickard to respond to outstanding discovery requests served
on him by Plaintiff. After the motion was fully briefed, the Court granted the motion.
Federal Rule of Civil Procedure 37 provides that, if a Motion to Compel is granted, a 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)(B). The Rule provides exceptions if the movant did not make a good faith attempt to
resolve the matter without the Court’s involvement, the motion was substantially justified, or if other

circumstances make an award of expenses unjust. Id. Since the matter of expenses was not discussed
in the original motion, the Court ordered additional briefing. Defendant Wickard filed no objection
to the award of reasonable expenses. The Court awarded reasonable expenses to Plaintiff and
ordered it to file an affidavit of fees. Plaintiff has done so.
Based on the foregoing, the Court hereby ORDERS Defendant Wayne G. Wickard to PAY
Plaintiff General Electric Capital Corporation’s reasonable costs of $495.00 incurred in bringing the
Motion to Compel.
SO ORDERED this 5th day of January, 2016.

s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATES DISTRICT COURT

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