Chudacoff v. University Medical Center Of Southern Nevada et al

Filing 665

ORDER that Defendants Bernstein, Ellerton, Carrison, and Roberts shall pay Plaintiff $2,125 in attorneys' fees within 14 days of the date of this Order. Signed by Magistrate Judge George Foley, Jr on 5/31/13. (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 Plaintiff’s Memorandum in Support of Fees (#659),

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filed on May 6, 2013. Defendants Ellerton, Bernstein, Carrison, and Roberts (“Defendants”) filed a

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Response (#660) on May 15, 2013. Plaintiff filed a Reply (#662) on May 22, 2013.

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BACKGROUND

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Plaintiff filed a Motion for Sanctions (#630) on February 15, 2013 regarding Defendants’

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reported failure to respond fully to discovery requests as required by this Court’s February 1, 2013

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Order (#615). On March 19, 2013, the Court ordered the Parties to file status reports regarding the

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delinquent discovery. See Minute Order, Doc. #645. Plaintiff filed his Status Report (#650) on

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March 25, 2013. Defendants filed a Status Report (#651) on March 25, 2013 and a Supplement

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(#652) on March 27, 2013. The Court conducted a hearing on the Motion (#630) on April 10,

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2013. See Minutes of Proceedings, Doc. #654. The Court entered an Order (#657) on April 22,

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2013 granting Plaintiff’s Motion (#630). Plaintiff subsequently filed the instant Memorandum of

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Fees.

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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 (#659-1) detailing the costs

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incurred in perusing the Motion for Sanctions (#630). Mr. Hafter argues his reasonable hourly rate

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is $450.00, and his associate Mark Naethe’s is $325. As in its previous Orders (#635, #644)

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awarding Plaintiff’s attorneys’ fees, the Court finds that hourly rates of $350.00 for Mr. Hafter and

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$250.00 for Mr. Naethe are commensurate with their skill, experience, and reputations. Mr. Hafter

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represents he spent 2.5 hours drafting the renewed Motion (#630), and that Mr. Naethe spent 4

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hours drafting the Status Report (#650). Mr. Hafter also states Mr. Naethe spent 1.5 hours

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conducting research after the Motion (#630) was filed, and 1 hour in post-hearing intra-office

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review. Because the award is only for Plaintiff’s pursuit of his Motion (#630), the Court will not

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award fees for this time. The Court will also award 1 hour for Mr. Naethe’s attendance at the April

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10, 2013 hearing. Accordingly,

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...

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IT IS HEREBY ORDERED that Defendants Bernstein, Ellerton, Carrison, and Roberts
shall pay Plaintiff $2,125 in attorneys’ fees within 14 days of the date of this Order.
DATED this 31st day of May, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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