Zyzek et al v. American Security Insurance Co

Filing 25

MEMORANDUM ORDER granting 23 Motion for Attorney Fees. Plaintiffs shall forward $1,305 to American Security's counsel of record within 30 days and file proof of payment in the record within 7 days thereafter. Signed by Magistrate Judge Karen L Hayes on 12/29/15. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
NANCY ZYZEK, ET AL

*

CIVIL ACTION NO. 15-1891

VERSUS

*

JUDGE S. MAURICE HICKS

*
AMERICAN SECURITY INSURANCE
MAG. JUDGE KAREN L. HAYES
CO.
MEMORANDUM ORDER
On December 2, 2015, pursuant to FED. R. CIV. P. 37(a)(5) of the Federal Rules of Civil
Procedure, the undersigned magistrate judge ordered plaintiffs to pay the reasonable expenses
and attorney fees of defendant, American Security Insurance Company (“American Security”),
incurred in connection with the filing of its motion to compel discovery. American Security was
ordered to file a motion and affidavit of fees and costs incurred in filing the motion to compel,
and it did so on December 9, 2015. [doc. # 23] Plaintiff does not oppose the motion, nor
challenge the affidavit in support thereof, and the matter is now ripe.1
Rule 37(a)(5)(A) FED. R. CIV. P. provides that when a motion to compel is granted
the court shall require the party whose conduct necessitated the motion to pay to the moving
party the reasonable expenses incurred in making the motion, including reasonable attorneys’
fees. Reasonable attorneys’ fees are determined by multiplying the reasonable hours expended by
a reasonable hourly rate. Hensley v. Eckerhart, 461 U.S. 424, 433 (1983). The calculation of
reasonable hours requires a determination of whether the total number of hours claimed were

1

As this motion is not one of the motions excepted in 28 U.S.C. § 636(b)(1)(A), nor
dispositive of any claim on the merits within the meaning of Rule 72 of the Federal Rules of
Civil Procedure, this ruling is issued under the authority thereof, and in accordance with the
standing order of this court. Any appeal must be made to the district judge in accordance with
Rule 72(a) and LR 74.1(W).

reasonable and whether specific hours claimed were reasonably expended. League of United
Latin American Citizens No. 4552 (LULAC) v. Rosco Independent Sch. Dist., 119 F.3d 1228,
1232 (5th Cir. 1997). A reasonable hourly billing rate is based on the “prevailing market rates in
the relevant community.” Blum v. Stenson, 465 U.S. 886, 895 (1984).
Defendant seeks an award of $1,305.00 in attorney’s fees, based on 8.7 hours billed by
attorney Gordon Serou at a rate of $150.00 per hour. After reviewing the affidavit and the
underlying discovery dispute, and noting that the hourly rate sought is actually on the low end for
this area, the undersigned concludes that the number of hours expended and the hourly rates
sought are reasonable.
IT IS THEREFORE ORDERED that plaintiffs shall forward payment to American
Security’s counsel of record the sum of $1,305.00 within thirty (30) days following receipt of this
order, with proof of payment filed in the record of this case within seven (7) days thereafter.
In Chambers, Monroe, Louisiana, this 29th day of December, 2015.

__________________________________
KAREN L. HAYES
UNITED STATES MAGISTRATE JUDGE

2