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 49

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)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 TRUSTEES OF THE BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 DEFINED PENSION & TRUST FOR SOUTHERN NEVADA, et al., 11 Plaintiff(s), 12 vs. 13 COMMERCIAL UNION TILE & STONE, INC., et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-02129-APG-NJK ORDER (Docket No. 42) 16 On September 14, 2016, the Court granted Plaintiffs’ motion to compel and for an award of 17 expenses. Docket No. 37. Pursuant to that order, Plaintiffs have filed a request to calculate fees and 18 costs. Docket No. 42. Any response was due no later than September 28, 2016, see Docket No. 37, but 19 none has been filed to date. 20 Attorneys’ fees awarded under Rule 37 are determined using the lodestar method of multiplying 21 the reasonable hours expended by a reasonable hourly rate. See, e.g., Marrocco v. Hill, 291 F.R.D. 586, 22 587-88 (D. Nev. 2013). In this case, the Court finds the hours expended are reasonable and the rates 23 sought are in line with those prevailing in the community. Accordingly, the Court finds the request for 24 attorneys’ fees in the amount of $2,220 to be reasonable and proper. 25 Plaintiffs also seek to recover the $165 in costs for the court reporter at the deposition to which 26 Mr. Perez failed to appear. Such a cost is properly recoverable under Rule 37(d). See, e.g., Payman v. 27 Rayan, 2011 WL 976925, *2 (D. Nev. Mar. 18, 2011) (awarding cost of $195 for court reporter fee, 28 under Rule 37(d)) The Court finds that cost reasonable and proper in this case. 1 2 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. 3 IT IS SO ORDERED. 4 DATED: October 18, 2016 5 6 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?