Pacquiao v. Mayweather, Jr. et al

Filing 155

ORDER Denying without Prejudice 144 Motion for Attorney Fees. Signed by Judge Larry R. Hicks on 12/19/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EMMANUEL PACQUIAO, a Philippines
resident,

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Plaintiff,
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v.
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FLOYD MAYWEATHER, JR.; et al.,
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Defendants.
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2:09-cv-2448-LRH-RJJ
ORDER

Before the court is plaintiff Emmanuel Pacquiao’s (“Pacquiao”) motion for attorney’s fees
and costs in the amount of $93,994.00. Doc. #144.1

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On December 30, 2009, Pacquiao, a premier professional boxer, filed a complaint in federal

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court for defamation against Mayweather, Jr., another premier professional boxer. Doc. #1. During

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discovery, Pacquiao scheduled Mayweather, Jr.’s deposition to which he failed to attend. In

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response, Pacquiao filed a motion for sanctions (Doc. #133) which was granted by the court (Doc.

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#143). Thereafter, in accordance with the court’s order, Pacquiao filed the present motion for

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attorney’s fees. Doc. #144.

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The court has reviewed the documents and pleadings on file in this matter and finds that the
present motion for attorney’s fees fails to comply with LR 54-16. Pursuant to LR 54-16(b)(1), a

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Refers to the court’s docket number.

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motion for attorney’s fees must contain a “reasonable itemization and description of the work

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performed.” In the motion for attorney’s fees, Pacquiao provides a general breakdown that counsel

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worked 196.9 hours on scheduling Mayweather, Jr.’s deposition and drafting the related motions.

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See Doc. #144. The court finds that the provided itemization does not fall within the “reasonable

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itemization” confines of LR 54-16. The local rule contemplates a thorough breakdown of time

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including identifying the individuals who provided the work, what was being worked on, and the

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amount of time spent on the particular item. Because Pacquiao has failed to provide such a

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reasonable itemization, the court shall deny the present motion for attorney’s fees without

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prejudice. The court notes, however, that time spent drafting a renewed motion for attorney’s fees

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shall not be recoverable.

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IT IS THEREFORE ORDERED that plaintiff’s motion for attorney’s fees (Doc. #144) is
DENIED without prejudice.
DATED this 19th day of December, 2011.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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