Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust For Southern Nevada et al v. Patton & Patton Marble & Granite, Inc. et al

Filing 87

ORDER Granting 80 Motion for Attorney Fees and Costs. Judgment Debtor Billy Patton shall forthwith pay to the Plaintiffs, $1,607 in attorneys' fees and $617.47 in costs. These amounts a very reasonable for the work performed due to Patton's bad faith conduct. Signed by Magistrate Judge Robert J. Johnston on 12/31/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TRUSTEES OF THE BRICKLAYERS &
ALLIED CRAFTWORKERS LOCAL 13
DEFINED CONTRIBUTION PENSION
TRUST FOR SOUTHERN NEVADA;
et al.,

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Plaintiff,
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vs.
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PATTON & PATTON MARBLE &
GRANITE, INC., etc., BILLY
PATTON; et al.,

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Defendant,
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2:10-cv-1867-JCM-RJJ

ORDER

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This matter came before the court for a hearing on Plaintiffs’ Memorandum Re:

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Attorneys' Fees and Costs Associated with Billy Patton's Failure to Appear for Judgment Debtor

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Examination (#80). Patton failed to appear by telephone conference for the hearing. The

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telephone number provided is no longer in service and a replacement has not been given to the

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court. See, Minute Order in Chambers (#84). Patton has failed to attend his originally scheduled

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judgment debtor exam, eventually requiring the court to issue an Order to Show Cause (#70), and

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subsequently a Bench Warrant (#75). Patton's continued uncooperative and willful conduct has

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unreasonably and vexatiously multiplied the proceedings in this case in violation of 18 U.S.C.

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§1927. He should be responsible for the excess costs, expenses and attorney's fees reasonably

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incurred because of his conduct. The Memorandum of attorneys' fees is reasonable and therefore

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granted based on Patton's conduct.

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Based on the foregoing and good cause appearing therefore,

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Judgment Debtor Billy Patton shall forthwith pay to the Plaintiffs, $1,607 in attorneys'

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fees and $617.47 in costs. These amounts a very reasonable for the work performed due to

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Patton's bad faith conduct.

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DATED this 31st day of December, 2012.

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ROBERT J. JOHNSTON
United States Magistrate Judge

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