BMO Harris Bank, N.A., a national banking association v. Zoccoli et al

Filing 73

ORDER FINDING THAT PLAINTIFFS ACCOUNTING OF EXPENSES IS REASONABLE re 71 Affidavit. Signed by District Judge Judith E. Levy. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BMO Harris Bank, N.A., a national
banking association,
Plaintiff,
v.
Harry Zoccoli et al,

Case No. 18-11954
Judith E. Levy
United States District Judge
Mona K. Majzoub
Magistrate Judge

Defendants.
________________________________/
ORDER FINDING THAT PLAINTIFF’S ACCOUNTING OF
EXPENSES IS REASONABLE [71]
On April 15, 2021, the Court held, through audio-visual technology,
a hearing on Plaintiff BMO Harris Bank N.A.’s motion for an order
finding Defendant Harry Zoccoli, III in contempt of court and ordering a
list of sanctions including fines and incarceration. (ECF No. 62.)
Before the Court is Plaintiff’s affidavit submitted to demonstrate
the reasonable expenses it incurred in filing the motion for contempt and
in preparing and appearing for the April 2021 show cause hearing. (ECF
No. 71.) The Court is familiar with Plaintiff’s billing policies and has

previously found that Plaintiff’s prior affidavits represented a reasonable
accounting of expenses incurred in pursuing its claim. (ECF No. 68.)
The Court has reviewed Plaintiff’s recent affidavit and determines
that it represents a reasonable accounting of expenses incurred in
pursuing the motion for contempt. Accordingly, pursuant to the Court’s
prior Order finding the payment of such expenses to be an appropriate
sanction under Fed. R. Civ. P. 37(a)(5)(A), the Court ORDERS Defendant
to reimburse Plaintiff in the amount of $2,700.00.
IT IS SO ORDERED.
Dated: May 3, 2021
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on May 3, 2021.
s/William J. Barkholz
WILLIAM J. BARKHOLZ
Case Manager

2