McNamara v. Hallinan et al

Filing 79

ORDER that 65 Motion for Award of Expenses is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 2/25/2019. (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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THOMAS W. MCNAMARA,

Case No.: 2:17-cv-02966-GMN-NJK

Plaintiff(s),

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Order

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v.

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CHARLES M. HALLINAN, et al.,

[Docket No. 65]

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Defendant(s).
On December 17, 2018, the Court granted in part and denied in part Plaintiff’s motion to

17 compel discovery. Docket No. 61. Now pending before the Court is Plaintiff’s motion for an
18 award of expenses. Docket No. 65. Defendants filed a response in opposition, and Plaintiff filed
19 a reply. Docket Nos. 66, 71. The motion is properly decided without a hearing. See Local Rule
20 78-1.
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A court has discretion to award reasonable expenses when it grants in part and denies in

22 part a motion to compel discovery. See Fed. R. Civ. P. 37(a)(5)(C). In exercising that discretion,
23 the Court may consider the exceptions outlined in Rule 37(a)(5)(A) of the Federal Rules of Civil
24 Procedure. See Wilson v. Greater Las Vegas Assoc. of Realtors, 2016 WL 4087272, at *1 (D. Nev.
25 July 28, 2016). Under these exceptions, an award of expenses is not appropriate if (1) the movant
26 filed the motion before conducting a meet-and-confer, (2) the losing party was substantially
27 justified in the position taken, or (3) other circumstances make an award of expenses unjust. Id.
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1 With respect to the second exception, a position is “substantially justified” if there was a genuine
2 dispute on matters on which reasonable people could differ as to the outcome. Id.
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In the circumstances of this case, the Court finds Defendants to have been substantially

4 justified in opposing the motion to compel.1
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Accordingly, the motion for an award of expenses is DENIED.

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IT IS SO ORDERED.

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Dated: February 25, 2019
______________________________
Nancy J. Koppe
United States Magistrate Judge

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The Court opines herein only as to Defendants’ positions regarding the discovery that
was compelled, and the Court expresses no opinion on the other issues for which the motion to
28 compel was denied without prejudice.
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