T.V. Minority Company, Inc. v. YRC, Inc., d/b/a YRC Freight et al

Filing 51

OPINION AND ORDER GRANTING Plaintiff's request for attorney fees within its partially resolved 31 Motion to Compel--Signed by Magistrate Judge Anthony P. Patti. (MWil)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
T.V. MINORITY COMPANY,
INC.,
Plaintiff,

Case No. 2:19-cv-12544
District Judge Arthur J. Tarnow
Magistrate Judge Anthony P. Patti

v.
YRC, INC., d/b/a YRC
FREIGHT, et al.,
Defendants.
_________________________/
OPINION AND ORDER GRANTING PLAINTIFF’S REQUEST FOR
ATTORNEY FEES WITHIN ITS PARTIALLY RESOLVED SECOND
MOTION TO COMPEL DISCOVERY (ECF No. 31) PURSUANT TO FED.
R. CIV. P. 37(a)(5)
This matter came before the Court for consideration of Plaintiff’s second
motion to compel discovery (ECF No. 31),1 Defendants’ response in opposition
(ECF No. 40), and the parties’ statements that the motion had been resolved with
the exception of Plaintiff’s request for attorney fees and costs. (ECF Nos. 48, 49).
Judge Tarnow referred this motion to me for a hearing and determination. (ECF
No. 35.) As a result of the COVID-19 pandemic, a hearing via Zoom technology

1

Plaintiff initially filed this motion on June 3, 2020 (ECF No. 20), but it was
stricken by the Court for failure to comply with E.D. Mich. Electronic Filing
Policies and Procedures (EFPP) 19(b)(3). See Text-Only Order 06-04-20.

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was held on September 10, 2020, at which counsel appeared and the Court
entertained oral argument regarding Plaintiff’s motion.
Upon consideration of the motion papers and oral argument, and for all of
the reasons stated on the record by the Court, which are hereby incorporated by
reference as though fully restated herein, Plaintiff’s request for attorney fees within
its partially resolved motion to compel (ECF No. 31) is GRANTED. The Court
finds, on the basis of the representations made by counsel in the motion papers and
on the record, that Defendants’ failure to provide signed and sworn responses to
interrogatories in accordance with the Federal Rules of Civil Procedure for
approximately six months after the Court initially ordered them to do so (ECF No.
16), necessitated Plaintiff’s filing of the instant motion to compel. Indeed,
Defendants provided signed and sworn responses only after Plaintiff filed the
instant motion.
Accordingly, the Court AWARDS attorney fees to Plaintiff’s counsel in the
amount of $500, to be paid by Defendants on or before Monday, September 21,
2020. See Fed. R. Civ. P. 37(a)(5)(A) ( (“If the motion is granted—or if the
disclosure or requested discovery is provided after the motion was filed—the 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,
2

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including attorney’s fees.” (emphasis added). In so doing, the Court finds very
reasonable the $250/hour rate requested by Plaintiff’s counsel, Stephen B. Foley,
in light of his representations to the Court that he has practiced law for over forty
years. However, the Court finds that Plaintiff’s counsel is entitled to compensation
for two hours of work related to the instant motion, rather than the 1.2 hours
requested for the mere research and drafting done in connection with the initial
filing (ECF No. 31), to account for his preparation of exhibits and for today’s
motion hearing, and his drafting of the one-page statement of partial resolution
(ECF No. 48).2
IT IS SO ORDERED.
Dated: September 10, 2020

______________________
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

2

The attention of the parties is drawn to Fed. R. Civ. P. 72(a), which provides a
period of fourteen (14) days after being served with a copy of this order within
which to file objections for consideration by the district judge under 28 U.S.C. §
636(b)(1).
3