Jo Ann Howard and Associates, P.C. et al v. Cassity et al

Filing 1631

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Brown Smith Wallace shall reimburse Plaintiffs the amount of $21,712.00, as their fees and costs incurred in bringing their motion to compel, and as the fees and costs incurred in preparing for and taking the second Pevnick deposition. Signed by District Judge E. Richard Webber on August 13, 2014. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JO ANN HOWARD &
ASSOCIATES, P.C., et al.,
Plaintiffs,
vs.
J. DOUGLAS CASSITY, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. 4:09CV01252 ERW

MEMORANDUM AND ORDER
This matter comes before the Court for consideration of Plaintiffs’ “Statement of
Plaintiffs’ Attorney Fees & Expenses Pursuant to Court Order [ECF No. 1520]” [ECF No. 1620].
On April 30, 2014, this Court issued a Memorandum and Order [ECF No. 1520],
granting, in part, “Plaintiffs’ Motion to Compel Production of Documents from Defendant
Brown Smith Wallace” [ECF No. 1473]. That part of Plaintiffs’ Motion requesting the Court to
order Brown Smith Wallace to produce certain requested documents was denied, as moot.
However, the Court ordered Brown Smith Wallace to make auditors Matthew Powell and Larry
Pevnik available for additional deposition testimony; and, in response to Plaintiffs’ requests for
sanctions, the Court directed Plaintiffs to produce, for its review, a statement of attorney fees in
bringing the motion to compel, as well as the fees incurred in preparing for and taking the second
Powell and Pevnik depositions.
Plaintiffs have submitted their “Statement of Plaintiffs’ Attorney Fees & Expenses
Pursuant to Court Order [ECF No. 1520],” seeking a total of $29,499.26. The Court has
1

thoroughly reviewed each of the fees and expenses requested by Plaintiffs to determine if the
time claimed for fees was appropriate and reasonable. The Court finds that the following listed
charges should be reduced, by the indicated percentages:
Date of Entry

Attorney

Value

Reduction

3/21/2014

Wendy B. Fisher

$936.21

50% ($468.11)

3/21/2014

Michael P. Robertson

$724.50

25% ($181.13)

3/22/2014

Michael T. Kotlarczyk

$525.00

25% ($131.25)

3/23/2014

Wendy B. Fisher

$760.67

25% ($190.17)

3/24/2014

Wendy B. Fisher

$1228.77

50% ($614.39)

3/24/2014

Michael T. Kotlarczyk

$425.00

25% ($106.25)

3/25/2014

Wendy B. Fisher

$760.67

25% ($190.17)

4/3/2014

Michael T. Kotlarczyk

$575.00

50% ($287.50)

4/4/2014

Michael T. Kotlarczyk

$550.00

50% ($275.00)

4/4/2014

Michael P. Robertson

$1417.50

25% ($354.38)

4/5/2014

Michael T. Kotlarczyk

$325.00

50% ($162.50)

4/6/2014

Michael T. Kotlarczyk

$275.00

25% ($68.75)

4/7/2014

Wendy B. Fisher

$526.62

25% ($131.66)

4/8/2014

Michael T. Kotlarczyk

$175.00

50% ($87.50)

4/11/2014

Mitzi Burkitt

$285.00

50% ($142.50)

4/24/2014

Mitzi Burkitt

$665.00

50% ($332.50)

4/25/2014

Michael P. Robertson

$1575.00

25% ($393.75)

4/28/2014

Michael P. Robertson

$1102.50

50% ($551.25)

2

6/19/2014

Michael P. Robertson

$3307.50

50% ($1653.75)

6/20/2014

Michael P. Robertson

$2929.50

50% (1464.75)

Accordingly, of the $29,499.26 in fees and expenses that Plaintiffs have requested, this Court
will allow $21,712.00. Defendant Brown Smith Wallace shall reimburse Plaintiffs the amount of
$21,712.00, as their fees and costs incurred in bringing their motion to compel, and as fees and
costs incurred in preparing for and taking the second Pevnick deposition.
Accordingly,
IT IS HEREBY ORDERED that Defendant Brown Smith Wallace shall reimburse
Plaintiffs the amount of $21,712.00, as their fees and costs incurred in bringing their motion to
compel, and as the fees and costs incurred in preparing for and taking the second Pevnick
deposition.
So Ordered this13th day of August 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

3