Guaranteed Home Mortgage Company, Inc. v. Gissell

Filing 55

ORDER DENYING PETITIONER'S REQUEST FOR FEES AND COSTS INCURRED IN RESPONDING TO RESPONDENT'S MOTION TO COMPEL re 52 DECLARATION filed by Respondent Miki Gissell; 38 Response to Motion filed by Guaranteed Home Mortgage Company, Inc. Signed by Magistrate Carolyn S Ostby on 11/5/2013. (Hard copy mailed to M. Gissell.) (JDH, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
GUARANTEED HOME
MORTGAGE COMPANY, INC.,

CV 13-44-BLG-CSO

ORDER DENYING
PETITIONER’S REQUEST
FOR FEES AND COSTS
INCURRED IN RESPONDING
TO RESPONDENT’S MOTION
TO COMPEL

Petitioner,
vs.
MIKI GISSELL,
Respondent.

On October 18, 2013, the Court issued an Order denying
Respondent Miki Gissell’s motion for an order compelling GHMC to
answer some of her requests for admission. Order (ECF 49). The Court
further directed Gissell to “file a response to GHMC’s requests for fees
and costs in responding to [her] motion.” Id. at 21.
On October 30, 2013, Gissell timely complied with the Court’s
Order and filed her “brief on why her motion to compel discovery was
substantially justified.” ECF 51. Having considered Gissell’s

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submission and the overall circumstances of this case, the Court
concludes that an award of fees and costs is not appropriate.
Accordingly, IT IS ORDERED that GHMC’s request (ECF 38 at 15) for
fees and costs incurred in responding to Gissell’s motion to compel is
denied. Gissell’s request that her declaration (ECF 52) be sealed from
the general public is granted. The Clerk of Court has filed the
declaration accordingly.
DATED this 5th day of November, 2013.

/s/ Carolyn S. Ostby
United States Magistrate Judge

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