Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust For Southern Nevada et al v. Commercial Union Tile & Stone, Inc. et al
Filing
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ORDER Granting Plaintiffs' 42 Motion for Calculation of Attorneys' Fees and Costs. Payment of $2,385 shall be made to Plaintiffs' counsel no later than 11/2/2016. Signed by Magistrate Judge Nancy J. Koppe on 10/18/2016. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TRUSTEES OF THE BRICKLAYERS & ALLIED
CRAFTWORKERS LOCAL 13 DEFINED
PENSION & TRUST FOR SOUTHERN
NEVADA, et al.,
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Plaintiff(s),
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vs.
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COMMERCIAL UNION TILE & STONE,
INC., et al.,
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Defendant(s).
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Case No. 2:15-cv-02129-APG-NJK
ORDER
(Docket No. 42)
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On September 14, 2016, the Court granted Plaintiffs’ motion to compel and for an award of
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expenses. Docket No. 37. Pursuant to that order, Plaintiffs have filed a request to calculate fees and
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costs. Docket No. 42. Any response was due no later than September 28, 2016, see Docket No. 37, but
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none has been filed to date.
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Attorneys’ fees awarded under Rule 37 are determined using the lodestar method of multiplying
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the reasonable hours expended by a reasonable hourly rate. See, e.g., Marrocco v. Hill, 291 F.R.D. 586,
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587-88 (D. Nev. 2013). In this case, the Court finds the hours expended are reasonable and the rates
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sought are in line with those prevailing in the community. Accordingly, the Court finds the request for
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attorneys’ fees in the amount of $2,220 to be reasonable and proper.
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Plaintiffs also seek to recover the $165 in costs for the court reporter at the deposition to which
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Mr. Perez failed to appear. Such a cost is properly recoverable under Rule 37(d). See, e.g., Payman v.
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Rayan, 2011 WL 976925, *2 (D. Nev. Mar. 18, 2011) (awarding cost of $195 for court reporter fee,
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under Rule 37(d)) The Court finds that cost reasonable and proper in this case.
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Accordingly, the motion for calculation of attorneys’ fees and costs is GRANTED. Payment
of $2,385 shall be made to Plaintiffs’ counsel by no later than November 2, 2016.
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IT IS SO ORDERED.
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DATED: October 18, 2016
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______________________________________
NANCY J. KOPPE
United States Magistrate Judge
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