Cybergun S.A. et al v. JAG Precision

Filing 113

ORDER that Defendant shall pay Plaintiffs $11,520.00 in attorneys fees within 21 days of the date of this Order. Signed by Magistrate Judge George Foley, Jr on 12/2/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CYBERGUN S.A., a French corporation, and
FN HERSTAL, S.A., a Belgian corporation,

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Plaintiffs,
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vs.
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JAG PRECISION, INC., a California corporation, )
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Defendant.
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__________________________________________)

Case No. 2:12-cv-00074-APG-GWF
ORDER
Application for Fees (#88)

This matter comes before the Court on Plaintiffs’ Application for Fees and Costs (#88),

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filed on July 24, 2013. Defendant filed an Opposition (#91) on August 7, 2013. Plaintiffs filed a

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Reply (#95) on August 14, 2013.

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BACKGROUND AND DISCUSSION
Plaintiffs filed a Motion to Compel (#75), which the Court granted in part and denied in

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part at the July 9, 2013 hearing on the Motion. See Minutes of Proceedings, Doc. #82. The Court

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subsequently ordered Plaintiffs to submit the instant Application for Fees associated with bringing

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the Motion to Compel. See July 10, 2013 Order, Doc. #83.

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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 (1984). Courts typically

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use a two-step process when determining fee awards. Fischer v. SJB-P.D. Inc., 214 F.3d 1115,

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1119 (9th Cir. 2000). First, the Court must calculate the lodestar amount “by taking the number of

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hours reasonably expended on the litigation and multiplying it by a reasonable hourly rate.” Id.

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Furthermore, other factors should be taken into consideration such as special skill, experience of

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counsel, and the results obtained. Morales v. City of San Rafael, 96 F.3d 359, 364 n. 9 (9th Cir.

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1996). “The party seeking an award of fees should submit evidence supporting the hours worked

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and rates claimed,” and “[w]here the documentation of hours is inadequate, the district court may

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reduce the award accordingly.” Hensley v. Eckerhart, 461 U.S. 424, 433 (1983). Second, the

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Court “may adjust the lodestar, [only on rare and exceptional occasions], upward or downward

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using a multiplier based on factors not subsumed in the initial calculation of the lodestar.” Van

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Gerwen v. Guarantee Mut. Life Co., 214 F.3d 1041, 1045 (9th Cir. 2000).

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Plaintiffs represent that two partners, Brett Foster, Esq. and Mark Miller, Esq., and one

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associate, Richard Jackson, Esq., worked on the Motion to Compel. Plaintiffs submit hourly rates

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of $410.00 for Mr. Foster, $355.00 for Mr. Miller, and $295.00 for Mr. Jackson. Plaintiffs seek

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$9,005.00 for time spent on meet-and-confer, $21,802.00 for briefing the Motion, $7,615.00 for

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preparing for and attending the hearing, and $5,000.00 for preparing the instant Application, for a

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total of $43,422.00. As a preliminary matter, the Court finds that hourly rates of $350.00 for Mr.

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Foster and Mr. Miller and $250.00 for Mr. Jackson are commensurate with their skill, experience,

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and reputation. Furthermore, the Court will award only those fees associated with bringing the

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Motion to Compel, and will exclude the bills for the meet-and-confer efforts and for preparing the

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Application for Fees.

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Upon review and analysis of the submitted bills, Doc. #88, Exh. ##1-8, the Court calculates

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that Mr. Jackson spent 31.6 hours researching and drafting the Motion to Compel, including

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incorporating edits from Mr. Foster. The Court excluded time for “coordinating” the drafting of the

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Motion with Mr. Foster, see, e.g. Doc. #88, Exh. 6 at 5, as well as the time for “prepar[ing]

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argument” on the Motion, see id. The Court also excluded time for preparing an alternative motion

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to exclude. See id., Exh. 7 at 2. The Court calculates Mr. Jackson spent 1.2 hours reviewing

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Defendant’s Response (#78), and 6 hours drafting Plaintiffs’ Reply (#80), including incorporating

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edits from Mr. Foster. Mr. Foster spent 4.4 hours reviewing and editing both the Motion to

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Compel and the Reply. The Court excluded the 8.2 hours Mr. Miller billed reviewing the Reply as

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duplicative of Mr. Foster’s review of same. See id., Exh. 8. Finally, the Court will award Mr.

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Miller’s fees for the time spent attending the hearing, 0.8 hours, see Minutes of Proceedings, Doc.

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#82, but will not include fees for travel expenses.
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CONCLUSION
The Court will award fees for the 38.8 hours Mr. Jackson spent preparing the Motion to

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Compel, reviewing Defendant’s Response, and preparing the Reply at an hourly rate of $250.00.

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The Court will award fees for the 4.4 hours Mr. Foster spent reviewing Mr. Jackson’s drafts at an

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hourly rate of $350.00. The Court will award fees for the 0.8 hours Mr. Miller spent attending the

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July 9, 2013 hearing at an hourly rate of $350.00. Accordingly,

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IT IS HEREBY ORDERED that Defendant shall pay Plaintiffs $11,520.00 in attorneys’
fees within 21 days of the date of this Order.
DATED this 2nd day of December, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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