Fish et al v. Liberty Mutual Fire Insurance Company et al

Filing 56

ORDER that Brock Ohlson, Joseph Wirth and Bradley Mainor shall pay Defendant Liberty Mutual $425 and Defendant Western United $315 in attorney's fees no later than January 31, 2014. Signed by Magistrate Judge Nancy J. Koppe on 1/27/14. (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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SEAN L. FISH, et al.,

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Plaintiff(s),
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vs.
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LIBERTY MUTUAL FIRE INSURANCE
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COMPANY, et al.,
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Defendant(s).
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__________________________________________)

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Case No. 2:13-cv-0326-APG-NJK
ORDER SANCTIONING BROCK
OHLSON, JOSEPH WIRTH, AND
BRADLEY MAINOR

On December 13, 2013, the Court issued an order finding that Plaintiffs’ attorneys, Brock

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Ohlson, Joseph Wirth and Bradley Mainor, shall be jointly and severally responsible to pay the

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attorney’s fees incurred by Defendants for their counsel attending the hearing held on December 6,

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2013. See Docket No. 44. On December 16, 2013, Defendant Liberty Mutual submitted a declaration

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outlining attorney’s fees in the amount of $425 incurred in attending the subject hearing. Docket No.

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47. Also on December 16, 2013, Defendant Western United submitted a declaration outlining

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attorney’s fees in the amount of $315 incurred in attending the subject hearing. Docket No. 46.1

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Although the Court provided them an opportunity to do so, see Docket No. 44 at 3, Plaintiffs’ counsel

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Defendant Western United appears to also seek to recover for time incurred preparing for the
hearing, see Docket No. 46 at 2, but the Court did not find attorney’s fees for such time should be
recovered here, see Docket No. 44 at 3 (providing sanction for attorney’s fees incurred in attending the
hearing). Indeed, the Court ultimately held the hearing a few days later, so any time spent by
Defendant’s counsel to prepare for the subject hearing would have been incurred regardless of Plaintiffs’
counsel’s misconduct.

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has not objected to these calculations. Moreover, the Court finds the rates and hours claimed to be

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reasonable. Accordingly, Brock Ohlson, Joseph Wirth and Bradley Mainor shall pay Defendant Liberty

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Mutual $425 and Defendant Western United $315 in attorney’s fees no later than January 31, 2014.

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IT IS SO ORDERED.

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DATED: January 27, 2014

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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