Hicks v. Walmart, Inc.

Filing 40

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff Crystal Hicks shall pay defendant Walmart, Inc. attorneys' fees in the amount of $1005. Signed by District Judge Catherine D. Perry on October 11, 2017. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CRYSTAL D. HICKS,
Plaintiff,
vs.
WALMART, INC.,
Defendant.

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Case No. 4:16 CV 1734 CDP

MEMORANDUM AND ORDER
On September 13, 2017, I granted defendant Walmart, Inc.’s motion to
compel and awarded it the costs and fees of bringing that motion. Walmart has
now filed a verified statement of attorneys’ fees with a supporting affidavit filed
under seal from attorney Sheena Hamilton. Walmart seeks attorneys’ fees in the
amount of $1005 and no costs. Plaintiff Crystal Hicks has been allowed time to
respond, and no objections to Walmart’s verified statement have been filed.
Under Rule 37(a)(5)(A), Fed. R. Civ. P., when a motion to compel is
granted, the court may award the movant’s reasonable expenses incurred in making
the motion, including attorneys’ fees. “The party seeking litigation fees bears the
burden to provide ‘evidence of the hours worked and the rate claimed.’ ” Saint
Louis Univ. v. Meyer, No. 4:07-CV-1733CEJ, 2009 WL 482664, at *1 (E.D. Mo.

Feb. 25, 2009) (quoting Northeast Iowa Citizens for Clean Water v.
Agriprocessors, Inc., 489 F.Supp.2d 881, 900 (N.D. Iowa 2007)).
The affidavit submitted by Walmart’s counsel provides the number of hours
worked and the rate charged per hour. Based upon the Court’s independent
knowledge of prevailing rates, I find reasonable the requested rates and the number
of hours spent preparing and filing the motion to compel. Therefore, based on a
review of the evidence submitted in support of Walmart’s motion, I conclude that
the fees charged by Walmart’s attorneys for purposes of work done on the motion
to compel are reasonable. Walmart will be awarded attorneys’ fees in the
requested amount of $1005.
Accordingly,
IT IS HEREBY ORDERED that plaintiff Crystal Hicks shall pay
defendant Walmart, Inc. attorneys’ fees in the amount of $1005.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 11th day of October, 2017.

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