Thomas v. Standard Insurance Company et al

Filing 87

ORDER Awarding Attorneys' Fees and Costs. Plaintiffs counsel, Roger Croteau and Tim Rhoda are jointly and severally liable for the attorneys fees incurred by Defendants Standard Insurance Company and VALIC Retirement Services Plan. Defendant St andard Insurance Company is awarded attorneys fees in the amount of $5,042.65. Defendant VALIC Retirement Services Plan is awarded attorneys fees in the amount of $8,329.00 and costs in the amount of $139.90. Signed by Judge Gloria M. Navarro on 8/24/11. (Copies have been distributed pursuant to the NEF - ECS, certified mail to Roger Croteau and Timothy Rhoda)

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ANN-MARTHA ANDREWS
Nevada Bar No. 7585
[e-mail]
LEWIS AND ROCA LLP
KRISTINA N. HOLMSTROM
Nevada Bar No. 10086
[e-mail]
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169
[phone]
[phone] (fax)
Attorneys for Defendant and Counterclaimant
Standard Insurance Company

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STEPHANIE THOMAS, an individual,

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Plaintiff,

Case No. 2:07-cv-00491-GMN-GWF

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vs.

ORDER
ORDER AWARDING ATTORNEYS'

STANDARD INSURANCE COMPANY,
an Oregon corporation; WESTERN
INSURANCE SPECIALTIES, INC., a
Nevada corporation; TIAA-CREF
INDIVIDUAL AND INSTITUTIONAL
SERVICES, LLC, a Delaware limited
liability company; VALIC RETIREMENT
SERVICES COMPANY, a Texas
corporation, and DOES I-X, and ROE
CORPORATIONS I-X, inclusive,

FEES AND COSTS

Defendants.
STANDARD INSURANCE COMPANY,
an Oregon corporation,
Counterclaimant,

Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89109

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2439147.1

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vs.
STEPHANIE THOMAS and SAMANTHA
MARY THOMAS,
Counterdefendants.

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TEACHERS INSURANCE AND
ANNUITY ASSOCIATION OF
AMERICA COLLETE RETIREMENT
EQUITY FUND,
Counterclaimant.

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vs.
STEPHANIE THOMAS, an individual,
Counterdefendant.
Pursuant to the Court’s Order to Show Cause, the hearing held on August 12, 2011,

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the defendants’ summary judgment motions, the fee itemization provided by Defendants

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Standard Insurance Company and VALIC Retirement Services Plan, and good cause

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otherwise appearing,

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IT IS HEREBY ORDERED that plaintiffs’ counsel, Roger Croteau and Tim

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Rhoda are jointly and severally liable for the attorneys’ fees incurred by Defendants

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Standard Insurance Company and VALIC Retirement Services Plan. The Court finds that

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Mr. Croteau and Mr. Rhoda “multiplie[d] the proceedings in [the] case unreasonably and

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vexatiously” by failing to stipulate to dismiss claims against Standard and VALIC when it

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became clear those claims had no merit, making an award of attorneys’ fees appropriate

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under 28 U.S.C. § 1927. The Court further finds that the attorneys’ fees are awardable

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under the inherent sanction power of the Court.

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IT IS HEREBY ORDERED that Defendant Standard Insurance Company is

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awarded attorney’s fees in the amount of $5,042.65. Payment shall be made to Standard

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Insurance Company by Roger Croteau and Tim Rhoda, and mailed to Standard Insurance

Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89109

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2439147.1

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Company’s attorney, Kristina N. Holmstrom (address above).
IT IS ALSO ORDERED that Defendant VALIC Retirement Services Plan is

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awarded attorney’s fees in the amount of $8,329.00 and costs in the amount of $139.90.

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Payment shall be made to The Variable Annuity Life Insurance Company (“VALIC”) by

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Roger Croteau and Tim Rhoda, and mailed to VALIC’s attorney, Marek P. Bute, Snell &

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Wilmer L.L.P., 3883 Howard Hughes Parkway, Suite 1100, Suite 1100, Las Vegas, NV

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89169.

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IT IS FURTHER ORDERED that the Court Minutes from the August 12,

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DISTRICT COURT JUDGE
2011 hearing and this Order Awarding Attorneys' Fees and Costs shall be served by
Dated:
the Clerk of the Court, via certified mail, return receipt requested, on Roger

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Croteau and Timothy Rhoda at their addresses of record.

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DATED this 24th day of August, 2011.

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________________________________
Gloria M. Navarro
United States District Judge

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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89109

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2439147.1