Shwartz v. Khodr
ORDER awarding Defendant's fees and expenses in the amount of $1700.00 pursuant to 32 Order Awarding Sanctions. Signed by Magistrate Judge Jane M. Virden on 10/11/2016. (bbf)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
MICHAEL L. SHWARTZ
CIVIL ACTION NO. 4:16-cv-115-MPM-JMV
This matter is before the court on the Defendant’s submission of its itemized fees and
expenses incurred by Defendant with respect to his counsel investigating the origination of a
purported order and his counsel’s legal and ethical obligations with respect thereto, as well as
preparation for and attending the recent hearing ordered by the court in connection with this
matter. The court has considered the itemization of fees submitted by the Defendant, the
opposition thereto, and the applicable law, and awards fees and expenses as detailed herein.
The court, having reviewed the itemization submitted by Defendant, declines to find that
the fees claimed are unreasonable, but does note unnecessary duplication and/or expenditure of
time. “Although duplication of effort is not per se unreasonable, ‘[i]f more than one attorney is
involved, the possibility of duplication of effort along with the proper utilization of time should
be scrutinized.’” Luv N' Care, Ltd v. Groupo Rimar, 2015 WL 9463189, at *10 (W.D. La. Dec.
28, 2015) (citing Walker v. United States HUD, 99 F.3d 761, 768 (5th Cir. 1996)). Accordingly,
the court will reduce the total of Defendant’s fees and expenses to $1700.00.
PLAINTIFF IS, THEREFORE, ORDERED to pay Defendant’s fees and expenses in
the amount detailed above, which were incurred in investigating the origination of a purported
order and his counsel’s legal and ethical obligations with respect thereto, as well as preparation
for and attending the hearing ordered by the court in connection with this matter.
SO ORDERED this, the 11th day of October, 2016.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE
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