Vaca et al v. Harrah's Operating Company, Inc. et al

Filing 239

ORDERED that defendant's MOTION for Sanctions 201 is GRANTED to the extent that plaintiffs' counsel, Gene G. Gulinson, shall pay to defendant the sum of $2,970 as reasonable attorneys' fees incurred by defendant in bring their Motion for Sanctions (#201), Reply (#207), and Status Report (#219). Signed by Magistrate Judge Lawrence R. Leavitt on 5/3/11. (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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MARILYN SPROULE VACA and
RAYMOND VACA, JR.,

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Plaintiffs,
v.
RIO PROPERTIES, INC.,

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Defendant.
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2:08-cv-00940-RLH-LRL
ORDER

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Before the court is defendant’s Affidavit of Fees and Costs (#228), filed pursuant to the court’s

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March 3, 2011 Order (#225) requiring plaintiffs’ counsel to pay the reasonable expenses, including

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attorney’s fees and costs, incurred by defendant in bringing their Motion for Sanctions (#201), Reply

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(#207), and Status Report (#219). Plaintiffs filed an Objection to Defendant’s Affidavit of Fees (#235)

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and defendant a Reply (#236).

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In LR 54-16(b)(3), the District of Nevada has set forth the factors to consider in awarding

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attorney’s fees. These factors are the same as those set forth by the Ninth Circuit in Kerr v. Screen

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Extras Guild, Inc., 526 F.2d 67, 70 (9th Cir. 1975). Both allow the court to consider, among other

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things, (1) the time and labor required, (2) the skill requisite to properly perform legal services, and (3)

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the novelty and difficulty of questions presented. Defendant requests attorney’s fees in the amount of

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$7,342.50, representing 10.4 hours to prepare the Motion for Sanctions (#201); 10.6 hours to prepare

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the Reply (#207); and 5.7 hours to prepare the Status Report (#219). Douglas J. Gardner performed all

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billable work on this matter at a rate of $275/hour. Aff. (#228) at ¶4. The court finds that the hours

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billed were excessive. The court will allow attorney’s fees in the amount of $2,970, representing 6

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hours spent to prepare the Motion (#201); 3.8 hours to prepare the Reply (#207); and 1 hour to prepare

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the status report (#219).

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Accordingly, and for good cause shown,

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IT IS ORDERED that defendant’s Motion for Sanctions (#201) is GRANTED to the extent that

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plaintiffs’ counsel, Gene G. Gulinson, shall pay to defendant the sum of $2,970 as reasonable attorneys’

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fees incurred by defendant in bringing their Motion for Sanctions (#201), Reply (#207), and Status

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Report (#219).

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DATED this 3rd day of May, 2011.

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LAWRENCE R. LEAVITT
UNITED STATES MAGISTRATE JUDGE

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