Leszyczynski v. The Home Depot USA Inc.

Filing 22

ORDER Regarding 19 MOTION for Attorney Fees. Signed by District Judge Judith E. Levy. (WBar)

Case 5:18-cv-13432-JEL-DRG ECF No. 22, PageID.591 Filed 01/06/21 Page 1 of 3

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Kim Leszyczynski,
Plaintiff,
v.
The Home Depot USA, Inc.,
Defendant.

Case No. 18-13432
Judith E. Levy
United States District Judge
Mag. Judge David R. Grand

________________________________/
ORDER ON DEFENDANT’S MOTION
FOR ATTORNEY FEES [19]
On November 30, 2020, the Court denied Plaintiff Kim
Leszyczynski’s motion for relief from final judgment. (ECF No. 18.)
Defendant The Home Depot USA, Inc. subsequently submitted a motion
for attorney fees on December 21, 2020. (ECF No. 19.) Plaintiff responded
on December 30, 2020. (ECF No. 21.)
Local Rule 54.2.1(b) requires that a motion for attorney fees “be
supported by an affidavit of counsel setting out in detail the number of
hours spent on each aspect of the case.” In its motion, Defendant states
that counsel would submit a separate motion with its detailed breakdown

Case 5:18-cv-13432-JEL-DRG ECF No. 22, PageID.592 Filed 01/06/21 Page 2 of 3

of hours under seal as Exhibit B. (See ECF No. 19, PageID.546, 547, 555.)
To date, Defendant has not submitted this supplemental motion or
Exhibit B in any other form. Further, as Plaintiff points out, the affidavit
from Defendant’s counsel in Exhibit A is not notarized.1 (See ECF No. 19,
PageID.554.) Counsel may submit a declaration in lieu of an affidavit.
See 28 U.S.C. § 1746.
Accordingly, Defendant must file Exhibit B and a corrected Exhibit
A by Friday, January 8, 2021. Defendant is granted leave to file Exhibit
B under seal. Plaintiff may file a brief response (no longer than 5 pages)
addressing the breakdown of hours provided by Defendant in Exhibit B
by Friday, January 15, 2021.
IT IS SO ORDERED.
Dated: January 6, 2021
Ann Arbor, Michigan

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

Counsel’s affidavit also contains several inconsistent statements in ¶¶ 2—4.
(ECF No. 19, PageID.552–553.)
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Case 5:18-cv-13432-JEL-DRG ECF No. 22, PageID.593 Filed 01/06/21 Page 3 of 3

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 January 6, 2021.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

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