Securities & Exchange Commission v. Hollier et al

Filing 82

ORDER... IT IS ORDERED that within 7 days of the date of this Order, defendant shall filea specific request for reasonable expenses with appropriate documentation; plaintiff shallhave 7 days after the filing to respond with any objections pursuant to Rule 37(a)(5)(C).If the court deems a hearing is required, the parties will be notified. If the parties reach anagreement on a reasonable amount of expenses, defendant is the notify the court at [phone].. Signed by Magistrate Judge Patrick J Hanna on 12/6/10. (crt,Jordan, P)

Sec u r i ti es & Exchange Commission v. Hollier et al

Do c. 82

U N IT E D STATES DISTRICT COURT W E S T E R N DISTRICT OF LOUISIANA L A F A Y E T T E -O P E L O U S A S DIVISION S E C U R I T I E S AND EXCHANGE C O M M IS S IO N V ER SU S R O B E R T L. HOLLIER, ET AL C I V I L ACTION NO. 09-928

J U D G E MELANCON M A G I S T R A T E JUDGE HANNA ORDER

T h e court previously ordered the parties to submit briefs on whether there was a s ta tu to ry prohibition against the award of reasonable expenses under Rule 37 of the F e d e ra l Rules of Civil Procedure against the Securities and Exchange Commission, as arg u ed by the government. After briefing, the government concedes "there is no statutory im p ed im en t to an award of reasonable expenses under Rule 37 as long as such an award d o e s not include any items that constitute costs under Section 27 of the Exchange Act." 1 T h e government agrees that "reasonable expenses" in Rule 37 covers costs and attorney's f e es . However, it argues it is entitled to a hearing, and an opportunity to review the rea so n ab len e ss of any submitted expenses and to evaluate whether any of defendant's re q u e sts will implicate limitations set forth in the EAJA, 28 U.S.C. § 2412(b) or Section 2 7 of the Exchange Act. T h e undersigned finds an award of reasonable expenses under Rule 37(a)(5)(C) is

Plaintiff Securities and Exchange Commission's Brief on the Propriety of A s s e ss in g Costs Under Federal Rule of Civil Procedure 37 (Rec. Doc. 79), p. 3. 1

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Dockets.Justia.com

w a rra n ted in this matter, however, defendant's brief in support of an award of reasonable e x p e n se s does not set forth any specific monetary amounts that the court or plaintiff may e v a lu a te for reasonableness and/or whether same would run afoul of the Exchange Act. Therefore, I T IS ORDERED that within 7 days of the date of this Order, defendant shall file a specific request for reasonable expenses with appropriate documentation; plaintiff shall h a v e 7 days after the filing to respond with any objections pursuant to Rule 37(a)(5)(C). If the court deems a hearing is required, the parties will be notified. If the parties reach an a g re e m e n t on a reasonable amount of expenses, defendant is the notify the court at (337) 5 9 3 -5 1 4 0 . L a f aye tte , Louisiana, this 6th day of December, 2010.

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