Gerling v. City of Hermann, Missouri et al

Filing 207

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion for Reconsideration 191 is GRANTED in part. IT IS FURTHER ORDERED that within ten (10) days of this Order, the parties shall file the agreed upon redacted billing statements of Plaintiff's counsel with the Court. Signed by District Judge John A. Ross on 2/9/2022. (CLO)

Case: 4:17-cv-02702-JAR Doc. #: 207 Filed: 02/09/22 Page: 1 of 2 PageID #: 2321

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WAYNE GERLING,
Plaintiff,
vs.
MATTHEW WAITE,
Defendant.

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Case No. 4:17-CV-02702 JAR

MEMORANDUM AND ORDER
This matter is before the Court on Defendant’s Motion for Reconsideration of this
Court’s order granting Plaintiff leave to file certain exhibits under seal, [Doc. No. 189]. (Doc.
No. 191). For the following reasons, the motion will be granted in part.
On January 4, 2022, Plaintiff moved for leave to file his attorneys’ itemized billing
records in support of his Motion for Attorneys’ Fees under seal for the Court’s in camera review
on the grounds that they contain information that constitutes attorney work product and/or
attorney-client privilege. (Doc. No. 186). The Court granted Plaintiff’s motion on January 5,
2022. (Doc. No. 189). Defendant seeks reconsideration of this order on the grounds that it
prevents him from obtaining information this Court has previously held is necessary to evaluate
an opposing party’s request for attorneys’ fees, citing Starr Indem. & Liab. Co. v. Cont’l Cement
Co., No. 4:11CV809 JAR, 2012 WL 6012904, at *5 (E.D. Mo. Dec. 3, 2012). The parties
subsequently met and conferred and resolved the issue, with Plaintiff agreeing to provide
redacted billing records for an “attorneys’ eyes only” review by Defendant’s counsel. (Doc. No.
194). In light of the parties’ agreement, the Court will grant Plaintiff’s motion for reconsideration

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Case: 4:17-cv-02702-JAR Doc. #: 207 Filed: 02/09/22 Page: 2 of 2 PageID #: 2322

in part and direct the parties to file agreed upon redacted billing statements.
Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion for Reconsideration [191] is
GRANTED in part.
IT IS FURTHER ORDERED that within ten (10) days of this Order, the parties shall
file the agreed upon redacted billing statements of Plaintiff’s counsel with the Court.

Dated this 9th day of February, 2022.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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