Chudacoff v. University Medical Center Of Southern Nevada et al

Filing 644

ORDER that Defendants Bernstein, Ellerton, Carrison, and Robertsshall pay Plaintiff $2,975.00 in attorneys' fees no later than 14 days after the date of this Order. Signed by Magistrate Judge George Foley, Jr on 3/8/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RICHARD CHUDACOFF,

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Plaintiff,
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vs.
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UNIVERSITY MEDICAL CENTER, et al.,
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Defendants.
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__________________________________________)

Case No. 2:08-cv-00863-RCJ-GWF
ORDER

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This matter comes before the Court on the Court’s Order (#615) granting Plaintiff’s Motion

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for Sanctions (#443), entered on February 1, 2013. Plaintiff filed a Memorandum in Support of

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Fees (#631) on February 15, 2013.

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BACKGROUND
At the January 17, 2013 hearing, the Court granted Plaintiff’s Motion to Compel (#441).

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See Minutes of Proceedings, Doc. #603. The Court, in accordance with Rule 37(a)(5)(A), granted

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Plaintiff’s Motion for Sanctions (#443) and awarded Plaintiff the costs incurred in bringing the

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Motion to Compel (#441). See Order, Doc. #615. The Court further ordered, however, that the

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awarded fees be offset by the expenses incurred by Defendants Bernstein, Ellerton, Carrison, and

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Roberts (“Defendants”) in bringing their Emergency Motion to Enforce Amended Stipulated

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Protective Order (#609). See id. at 8:19-21. The Court ordered both Plaintiff and Defendants to

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file memoranda of costs and fees associated with bringing their respective Motions (#441, #609) no

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later than February 15, 2013. See id. at 9:19-27, 10:8-16. Plaintiff filed his Memorandum (#631)

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on February 15, 2013. Defendants have filed no memoranda to date, either in support of the costs

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incurred in bringing their Motion (#609) or in response to Plaintiff’s Memorandum (#631). The

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time to file a response to Plaintiff’s Memorandum (#631) has expired. See Order, Doc. #615 at

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10:1-5.

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DISCUSSION
Reasonable attorneys’ fees must “be calculated according to the prevailing market rates in

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the relevant community,” considering the fees charged by “lawyers of reasonably comparable skill,

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experience, and reputation.” Blum v. Stenson, 465 U.S. 886, 895-96 n. 11, 104 S.Ct. 1541 (1984).

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Courts typically use a two-step process when determining fee awards. Fischer v. SJB-P.D. Inc.,

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214 F.3d 1115, 1119 (9th Cir. 2000). First, the Court must calculate the lodestar amount “by taking

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the number of hours reasonably expended on the litigation and multiplying it by a reasonable

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hourly rate.” Id. Furthermore, other factors should be taken into consideration such as special

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skill, experience of counsel, and the results obtained. Morales v. City of San Rafael, 96 F.3d 359,

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364 n. 9 (9th Cir. 1996). “The party seeking an award of fees should submit evidence supporting

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the hours worked and rates claimed,” and “[w]here the documentation of hours is inadequate, the

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district court may reduce the award accordingly.” Hensley v. Eckerhart, 461 U.S. 424, 433 (1983).

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Second, the Court “may adjust the lodestar, [only on rare and exceptional occasions], upward or

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downward using a multiplier based on factors not subsumed in the initial calculation of the

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lodestar.” Van Gerwen v. Guarantee Mut. Life Co., 214 F.3d 1041, 1045 (9th Cir. 2000).

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Plaintiff’s Counsel Jacob Hafter submitted an Affidavit (#631-1) detailing the costs

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incurred in preparing the Motion to Compel (#441). Mr. Hafter argues for an hourly rate of

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$450.00. As in its previous Order (#635) awarding Plaintiff’s attorneys’ fees, the Court finds that

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an hourly rate of $350.00 is commensurate with Mr. Hafter’s skill, experience, and reputation. Mr.

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Hafter represents he spent 8 hours preparing the Motion (#441) and Supplement (#498), and

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reviewing correspondence from Defendants. Mr. Hafter’s Memorandum also includes attendance

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at the hearing at which the Motion (#441) was addressed, which lasted 1.3 hours. See January 17,

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2013 Minutes of Proceedings, Doc. #603. Because multiple motions were addressed at the hearing,

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however, the Court will award fees for the approximate duration of the discussion on the Motion to

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Compel (#441), 0.5 hours. The Memorandum lists 6.5 hours Mr. Hafter spent deposing Defendant

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Bernstein; the Court will only award fees, however, for time spent preparing and bringing the
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Motion to Compel. Accordingly,
IT IS HEREBY ORDERED that Defendants Bernstein, Ellerton, Carrison, and Roberts
shall pay Plaintiff $2,975.00 in attorneys’ fees no later than 14 days after the date of this Order.
DATED this 8th day of March, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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