LESER v. INDIANAPOLIS PUBLIC SCHOOLS et al

Filing 233

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Magistrate Judge submitted her Report and Recommendation on Sanctions (Dkt. 227 ).The Plaintiff's Request for Sanctions (Dkt. 151 ) is GRANTED IN PART and DENIED IN PART. The Plaintiff, pursua nt to Rule 37(c)(1)(A), should be awarded her reasonable attorneys' fees and expenses incurred in having to brief and catalog the privilege log issues between the time period of March 19, 2019 and April 2, 2019, as detailed in the Report and Recommendation. These fees and expenses should not include the costs associated with bringing Plaintiff's Motion to Compel (Dkt. 151 ) or preparing for oral argument on April 8, 2019. The Plaintiff should file a motion with this Court outlining her attorney time and fees and any other expenses incurred, along with any justification for the reasonableness of the monetary calculation. Signed by Judge Tanya Walton Pratt on 5/30/2019. (NAD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
DEBORAH L LESER,

)
)
Plaintiff,
)
)
v.
)
)
INDIANAPOLIS PUBLIC SCHOOLS,
)
BOARD OF SCHOOL COMMISSIONERS FOR )
THE CITY OF INDIANAPOLIS,
)
MARY ANN SULLIVAN Individually and in her )
Official Capacity,
)
SAM ODLE Individually and in his Official
)
Capacity,
)
LANIER ECHOLS Individually and in her
)
Official Capacity,
)
MICHAEL O'CONNOR Individually and in his
)
Official Capacity,
)
GAYLE COSBY Individually and in her Official )
Capacity,
)
KELLY BENTLEY Individually and in her
)
Official Capacity,
)
DIANE ARNOLD Individually and in her Official )
Capacity,
)
LEWIS D. FEREBEE,
)
LE BOLER,
)
WANDA LEGRAND,
)
LELA TINA HESTER,
)
)
Defendants.
)

No. 1:16-cv-02044-TWP-DLP

ORDER ADOPTING REPORT AND RECOMMENDATION
The Magistrate Judge submitted her Report and Recommendation on Sanctions (Dkt. 227).
The parties were afforded due opportunity pursuant to statute and the rules of this Court to file
objections; none were filed. The Court, having considered the Magistrate Judge’s Report and
Recommendation, hereby adopts the Magistrate Judge’s Report and Recommendation.

The Plaintiff’s Request for Sanctions (Dkt. 151) is GRANTED IN PART and DENIED
IN PART. The Plaintiff, pursuant to Rule 37(c)(1)(A), should be awarded her reasonable
attorneys’ fees and expenses incurred in having to brief and catalog the privilege log issues
between the time period of March 19, 2019 and April 2, 2019, as detailed in the Report and
Recommendation. These fees and expenses should not include the costs associated with bringing
Plaintiff’s Motion to Compel (Dkt. 151) or preparing for oral argument on April 8, 2019. The
Plaintiff should file a motion with this Court outlining her attorney time and fees and any other
expenses incurred, along with any justification for the reasonableness of the monetary calculation.
IT IS SO ORDERED.
Date:

5/30/2019

Distribution:
Kevin W. Betz
BETZ & BLEVINS
[e-mail]
Sandra L. Blevins
BETZ & ASSOCIATES
[e-mail]
Ellen E. Boshkoff
FAEGRE BAKER DANIELS LLP (Indianapolis)
[e-mail]
Sarah V. Bowers
FAEGRE BAKER DANIELS LLP (Indianapolis)
[e-mail]
Jamie A. Maddox
BETZ & ASSOCIATES
[e-mail]

Jonathan Lamont Mayes
BOSE MCKINNEY & EVANS, LLP
[e-mail]
Andrew M. McNeil
BOSE MCKINNEY & EVANS, LLP
[e-mail]
Alexander Edward Preller
FAEGRE BAKER DANIELS LLP (Indianapolis)
[e-mail]
Howard L. Stevenson
STEVENSON LEGAL GROUP, LLP
[e-mail]