Nassif et al v. Supervalu, Inc. et al

Filing 51

ORDER that Defendants Request for Sanctions in the Form of Attorneys Fees and Costs related to Defendants Motion for Sanctions 24 as supplemented by the Affidavit of Josh Cole Aicklen, Esq. 43 is DENIED. Signed by Magistrate Judge Robert J. Johnston on 12/31/12. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 *** 10 JANET NASSIF, individually, etc., et al., 11 Plaintiff, 12 vs. 13 SUPERVALU, INC., etc., et al., ) ) ) ) ) ) ) ) 2:11-cv-1273-GMN-RJJ ORDER 14 Defendant, 15 16 17 18 ) ) This matter is before the Court on Defendant’s Request for Sanctions in the Form of Attorney’s Fees and Costs related to Defendant’s Motion for Sanctions (#24). Defendant's Motion for Sanctions (#24) was granted in part by the Court. See, Order 19 (#41). On November 26, 2012, the Court held a hearing on Defendant's request for the 20 reasonable expenses, including attorney's fees, incurred in bringing the Motion (#24).Pursuant to 21 the Affidavit of Josh Cole Aicklen, Esq. (#43), the Defendant seeks $10,032.00 in attorneys' fees 22 for 60.8 hours related to preparing and presenting Defendant's Motion (#24) and an additional 23 $5,850.00 for retaining a rebuttal expert and expert report, for a total of $15,882.00. The 24 Defendant does not provide any details regarding when the hours were worked or what work was 25 done during any specified dates. The Affidavit of Josh Cole Aicklen, Esq. of Lewis Brisbois 26 Bisgaard & Smith, is wholly inadequate under the Federal Rules of Civil Procedure and the law 27 of this circuit. Good cause appearing therefore, 28 1 IT IS HEREBY ORDERED that Defendant’s Request for Sanctions in the Form of 2 Attorney’s Fees and Costs related to Defendant’s Motion for Sanctions (#24) as supplement by 3 the Affidavit of Josh Cole Aicklen, Esq. (#43) is DENIED. 4 DATED this 31st day of December, 2012. 5 6 7 8 ROBERT J. JOHNSTON United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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