Weinfeld et al v. Minor et al

Filing 195

ORDER that Defendants' Motion for Attorneys' Fees and Costs ECF No. 160 is GRANTED; Defendants' are awarded attorneys' fees in the amount of $179,747.50 and non-taxable costs and paralegal fees in the amount of $39,218.15; that Plaintiffs' Motion for Re-Taxation of Costs ECF No. 186 is DENIED. Signed by Judge Robert C. Jones on 3/11/2019. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOSEPH WEINFELD, et al.,

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Plaintiffs,

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3:14-cv-00513-RJC-WGC

vs.

ORDER

BILL L. MINOR, et al.,

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Defendants.

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Pending before the Court are Defendants’ Motion for Attorneys’ Fees and Costs (ECF

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No. 160) and Plaintiffs’ Motion for Re-Taxation of Costs (ECF No. 186). Defendants argue that

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they should be awarded attorneys’ fees and costs, because Plaintiffs brought this suit without

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reasonable grounds, and because Defendants are the prevailing party. The Court agrees.

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I.

FACTS AND PROCEDURAL HISTORY

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Sixteen individuals and Congregation Beth Joseph brought this shareholder derivative

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action in the Eastern District of New York on behalf of Precious Minerals Mining & Refining

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Corp. (“PMMR”) against Bill Minor, John Reynolds, and Walter Marting for breach of fiduciary

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duties, unjust enrichment, abuse of control, usurpation of corporate opportunities, and ultra vires

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actions. PMMR is a Nevada corporation holding certain mining rights in Lyon County, which it

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exercises under permission of the U.S. Forest Service (“USFS”) (which owns the relevant land)

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to mine a substance sold commercially as Orykta and used as fertilizer and animal feed. (Third

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Am. Compl. ¶ 1, ECF No. 54.) From 1999 to 2001, Minor sold shares of PMMR to investors

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throughout the United States and Canada, including Plaintiffs, who are New York residents. (Id.

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¶¶ 3, 31.)

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The U.S. District Court for the Eastern District of New York transferred the case to this

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District under 28 U.S.C. § 1404(a) as an alternative to a request to dismiss for lack of personal

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jurisdiction and improper venue. The transferor court did not rule on contemporaneous requests

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to dismiss the First Amended Complaint (“FAC”) for failure to comply with Rules 8(a), 9(b),

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and 23.1(b). This Court dismissed the FAC under the latter rule and Rule 11(a) because it was

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not verified or even signed by any attorney. Plaintiffs filed the Second Amended Complaint

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(“SAC”), and Defendants moved to dismiss it. The Court ruled that the SAC was not precluded

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by either of two previous actions litigated in the New York and Nevada state courts but

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dismissed it with leave to amend because it failed to comply with Rule 23.1’s requirement to

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plead demand or futility with particularity.
Plaintiffs filed the Third Amended Complaint (“TAC”), and Defendants moved to

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dismiss it. The Court refused to dismiss the TAC under Rule 23.1 but dismissed certain claims

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on the merits, with leave to amend some of them. Specifically, the Court permitted the claim for

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breach of fiduciary duty to proceed against all Defendants as to the allegations concerning

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usurpation of corporate opportunities and compensation packages and permitted the claim to

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proceed against Minor as to the allegations concerning false statements and improper

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withholding of financial records. The Court otherwise dismissed the breach of fiduciary duty

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claim, as well as the claims for unjust enrichment and abuse of control, without leave to amend,

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and dismissed the claim for ultra vires acts, with leave to amend. Plaintiffs did not further

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amend.

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After further litigation, both parties moved for summary judgment, and the Court granted

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summary judgment for Defendants on all Plaintiffs’ remaining claims. (ECF No. 157.)

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Defendants have now filed a motion seeking costs and attorneys’ fees, and Plaintiffs’ have filed a

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motion for re-taxation of costs.

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II.

LEGAL STANDARDS
All parties agree that “[i]n diversity actions, federal courts are required to follow state

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law in determining whether to allow attorneys’ fees.” Swallow Ranches, Inc. v. Bidart, 525 F.2d

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995, 999 (9th Cir. 1975). Nevada Revised Statute § 18.010(2)(b) provides that a prevailing party

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can obtain an award of attorneys’ fees if the court finds that the action was “brought or

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maintained without reasonable ground.” The Nevada Supreme Court has often expressed that the

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decision to award attorneys’ fees under section 18.010(2)(b) is “within the sound discretion of

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the district court.” Kahn v. Morse & Mowbray, 117 P.3d 227, 238 (Nev. 2005). However, courts

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are required by statute to “liberally construe the provisions of [NRS § 18.010] in favor of

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awarding attorney’s fees in all appropriate situations . . . to punish for and deter frivolous or

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vexatious claims and defenses.” Nev. Rev. Stat. § 18.010(2)(b). To support such an award, “there

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must be evidence in the record supporting the proposition that the complaint was brought without

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reasonable grounds or to harass the other party.” Semenza v. Caughlin Crafted Homes, 901 P.2d

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684, 687 (Nev. 1995). Such analysis depends on the circumstances of the case. Id. at 688.

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III.

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ANALYSIS
a. Attorneys’ Fees

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Defendants argue that they should be awarded attorneys’ fees. The Court agrees:

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Defendants are a prevailing party, because they successfully defended the law suit and obtained

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summary judgment. Valley Elec. Ass’n v. Overfield, 106 P.3d 1198, 1200 (Nev. 2005) (stating

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that a party can prevail under NRS § 18.010 if a party succeeds on any significant issue in

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litigation which achieves some of the benefit it sought in bringing the suit, counterclaim, or

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motion). And the Court finds that there is evidence in the record to support the proposition that

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Plaintiffs brought their complaint without reasonable grounds.

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The Nevada Supreme Court has recognized that a claim is groundless if the complaint

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contains allegations which are not supported by any credible evidence at trial. Semenza, 901 P.2d

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at 688. The court has clarified, however, that “[i]f an action is not frivolous when it is initiated,

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then the fact that it later becomes frivolous will not support an award of [attorneys’] fees.” Id.

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(quoting Duff v. Foster, 885 P.2d 589, 591 (Nev. 1994). Therefore, “the proper inquiry is

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whether the claim ‘was brought’ without reasonable grounds.” Barozzi v. Benna, 918 P.2d 301,

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303 (Nev. 1996) (quoting Duff, 885 P.2d at 591).
In Barozzi, the Nevada Supreme Court confirmed that under NRS 18.010(2)(b)

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groundlessness “is determined at the time the claim is initiated.” Id. Although Allianz Ins. Co. v.

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Gagnon, 860 P.2d 720, 724 (Nev. 1993) stated that a claim is groundless if it is not supported by

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credible evidence at trial, the court explained that Allianz did not state a sufficient condition.

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Barozzi, 918 P.2d at 303. In Allianz, the court recognized the argument that respondents’ claims

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were well grounded when brought but had become stale prior to trial, if factually true. 860 P.2d

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at 725. However, Allianz held that respondents’ argument was not factually true and was

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inconsistent with the district court’s finding of fraud. Id. The district court determined that

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respondents’ claims were fraudulent, but did not grant attorneys’ fees, because it could not find

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authority to support the proposition that fraudulent claims were also groundless. Id. at 724.

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Reversing the district court, the court stated in Allianz that a claim is groundless if it is not

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supported by credible evidence at trial. Id. Thus, no conflict exists in the caselaw regarding the

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“point in time when a claim is determined to be groundless.” Barozzi, 918 P.2d at 303. Allianz

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did not need to analyze whether respondents’ claims were well grounded but had become stale

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prior to trial, and later cases have verified that groundlessness is determined at the time of filing.

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Id.

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Here, Plaintiffs assert that their claims were well grounded when filed; however,

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Plaintiffs’ argument is inconsistent with this Court’s Order granting summary judgment. This is

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not a case that the Supreme Court of Nevada has recognized where a claim is well grounded

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when filed but becomes stale, either through time or new developments. This is a case where

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plaintiffs filed a complaint without sufficient evidence and after months of litigation have failed

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to find any meaningful evidence to survive summary judgment. The evidence has not grown

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stale, because it never existed.

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First, summary judgment was granted on Plaintiffs’ usurpation of corporate opportunities

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claims, because after Defendants presented evidence to negate usurpation, Plaintiffs did not

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adduce any contrary evidence or even “address [Defendants’] claim in response.” (Order Grant.

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Summ. J. 7:3–7:11, ECF No. 157.)

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Second, summary judgment was granted concerning Plaintiffs’ breach of fiduciary duties

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claim over Defendants compensation packages, because Plaintiffs adduced “no evidence to

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create a triable issue of material fact” and again failed to “address . . . [Defendants’] claim in

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their response.” (Id. 7:13–8:8.)

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Third, summary judgment was granted over Plaintiffs’ claim that Minor lied about the

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existence of a contract to sell in China. Although there was a genuine issue of material fact

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whether there was any purported contract to sell in China, summary judgment was granted,

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because there was “no evidence adduced that Minor ever made any false statements to any

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Plaintiff, directly or indirectly, concerning any contract to sell Orykta in China.” (Id. 9:9–10:17.)

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In fact, Plaintiffs could not even provide “a single self-interested attestation that Minor ever

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made any statement to any of them concerning the sale of Orykta in China.” (Id. 10:8–10:10.)

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Fourth, summary judgment was granted concerning purported false statements that Minor

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had promised to pay Plaintiffs dividends, because Defendants demonstrated “a complete lack of

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evidence to support [this claim], and Plaintiffs [did] not adduced any evidence in response that

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any false statements promising to pay dividends were made.” (Id. 11:14–11:24.)

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Fifth, summary judgment was granted over Plaintiffs’ claim that Minor made materially

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false statements concerning his majority shareholder status, because Plaintiffs provided “no

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evidence that Minor was not the majority shareholder at the time he made any relevant

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statements.” (Id. at 12:12–12:14.) Moreover, Plaintiffs could not “point to any alleged statements

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by Minor concerning his majority shareholder status at all, identify to whom he made any such

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statements, or show how they relied on those claims to their detriment, or critically, . . . show

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how those alleged statements harmed PMMR.” (Id. at 12:14–12:17.)

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Sixth, summary judgment was granted on Plaintiffs’ misrepresentation of company sales

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claim, because Plaintiffs were unable to provide any evidence of misrepresentation and did not

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even claim in their response “that such evidence exists.” (Id. 14:6–14:13.) Thus, this Court found

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that no evidence existed that Minor made any false statements or misrepresentation of sales. (Id.)

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Seventh, the Court granted summary judgment on the claim that Plaintiffs were denied

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access to company financial records, because Plaintiffs produced no evidence of written demand

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and did not even “claim the requirements of the statute were satisfied.” (Id. 15:3–15:20.) The

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statute in question required written demand, and in six Plaintiff depositions individual plaintiffs

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admitted that they failed make any written demand. (Id.) Plaintiffs produced no contrary

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evidence, and simply argued that the statute should not apply. Although a good faith argument

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for the modification of existing law is not a groundless claim, Plaintiffs did not make a good

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faith argument for the modification of law. (Id.) Plaintiffs did not argue that the statute should

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not apply on its face or that the legislative intent or commentary supported an alternative

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interpretation that differed from the plain meaning of the statute. (Id.) Plaintiffs “used the words

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‘intent of this statute’ but simply ma[d]e conclusory statements about the bad effect of

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interpreting the statute as it is written.” (Id.) The statute “clearly” applied, and the Court

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determined that Plaintiffs “clearly” had no evidence that they satisfied it. (Id.)

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Accordingly, new developments did not alter Plaintiffs’ evidence. Plaintiffs lacked

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adequate evidence from the start, and they failed to obtain evidence through discovery. At the

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summary judgment stage, which represented the apex of Plaintiffs’ evidentiary knowledge,

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summary judgment was granted because Plaintiffs did not have evidence to support their claims.

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Although some of Plaintiffs claims survived motions to dismiss, that does not mean that

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those claims were well grounded. At the motion to dismiss stage, a court is not examining a

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party’s evidence, which is what determines whether a complaint is reasonably grounded. A claim

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survives a motion to dismiss when it is sufficiently pled, meaning that a plaintiff has included

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enough factual content, viewed as true, “to state a claim to relief that is plausible on its face.”

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Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The plausibility standard “does not

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impose a probability requirement at the pleading stage; it simply calls for enough fact[s] to raise

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a reasonable expectation that discovery will reveal evidence” of wrongdoing. Id. at 556. Thus, if

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a plaintiff includes enough facts “a well-pleaded complaint may proceed even if it strikes a savvy

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judge that actual proof of those facts is improbable, and ‘that a recovery is very remote and

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unlikely.’” Id. (citation omitted). Consequently, surviving a motion to dismiss is not equivalent

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to being well grounded, which is a determination based on evidence. It only means that a claim

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was well pled—a determination based on legal and factual assertions.

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Moreover, the Nevada legislature has decreed that courts are to “liberally” construe NRS

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§ 18.010 toward granting attorneys’ fees. It is simply not enough to avoid paying attorneys’ fees

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for Plaintiffs to claim that they believed their lawsuit was well grounded based on conclusory

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and self-serving averments. “Reasonable grounds” is an objective benchmark not satisfied by

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mere subjective belief. When a plaintiff chooses to file a lawsuit believing that he will find

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supporting evidence during discovery, he risks the consequences when he does not. As this Court

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has stated: “Implicit in NRS § 18.010(2)(b) is the Nevada Legislature’s judgment that litigants in

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this state must be cautious in their pursuit of legal claims, and take upon themselves the

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responsibility of ensuring that there is a reasonable basis for those claims before asserting them

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in court.” Greenwood v. Ocwen Loan Servicing LLC, No. 316CV00527RCJVPC, 2018 WL

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3550217, at *2 (D. Nev. July 24, 2018). Thus, a plaintiff must ensure that there is a reasonable

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basis for his subjective belief before filing a lawsuit in Nevada, or risk paying for it. Plaintiffs

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failed to do that here.
In the present case, Plaintiffs filed their law suit without reasonable grounds and persisted

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without sufficient evidence, amassing legal expenses for both Plaintiffs and Defendants. Nevada

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has determined that the Plaintiffs should pay for their decisions. Therefore, based upon this

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Court’s previous Order and findings, the Court awards Defendants reasonable attorneys’ fees to

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be paid by Plaintiffs. Plaintiffs further argument that Defendants did not comply with the

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perquisite rules of itemization is incorrect and will be addressed below.

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b. Reasonableness of Fee
In diversity cases, courts apply federal law if the law is procedural and state law if the

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law is substantive. Walsh v. Kelly, 203 F.R.D. 597, 598 (D. Nev. 2001) (citing Erie R.R. Co. v.

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Tompkins, 304 U.S. 64 (1938)). Accordingly, the first step in any Erie analysis is to determine

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whether the law involved is procedural or substantive. “If the law is procedural, the federal law

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will apply, if substantive, the court will apply the law of the forum state.” Id. Because state law

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governing recovery of attorneys’ fees is considered substantive for Erie purposes, “federal courts

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are required to follow state law in determining whether to allow attorneys’ fees.” Swallow

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Ranches, 525 F.2d at 999. See Shakey’s Inc. v. Covalt, 704 F.2d 426, 435 (9th Cir. 1983). As a

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result, both the deservedness and reasonableness of attorneys’ fees are governed by state law,

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since both components are substantive state law determinations.

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Under Nevada law, this Court has the discretion to determine whether attorneys’ fees are

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reasonable, tempered by reason and fairness. Shuette v. Beazer Homes Holdings Corp., 124 P.3d

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530, 548-49 (Nev. 2005). In determining the amount of fees to award, the Court is not limited to

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one specific approach, “its analysis may begin with any method rationally designed to calculate a

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reasonable amount, including those based on a ‘lodestar’ amount or a contingency fee.” Id. at

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549. However, the Court must consider the requested amount in light of the factors enumerated

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in Brunzell v. Golden Gate Nat. Bank, 455 P.2d 31 (Nev.1969), which include the advocate’s

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professional qualities, the nature of the litigation, the work performed, and the result. See also

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Greenwood v. Ocwen Loan Servicing LLC, No. 316CV00527RCJVPC, 2018 WL 3550217, at *3

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(D. Nev. July 24, 2018) (using the same framework under § 18.010(2)(b) to determine the

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reasonableness of attorneys’ fees); Blom v. Floodsuckers, LLC, No. 3:12-CV-570-RCJ-WGC,

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2013 WL 3463260, at *4 (D. Nev. July 9, 2013) (same). The Supreme Court of Nevada has made

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clear that whatever method a court uses, “the result will prove reasonable as long as the court

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provides sufficient reasoning and findings in support of its ultimate determination.” Shuette, 121

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Nev. at 865.

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Defendants request a total of $179,747.50 in attorneys’ fees. The Court finds that this

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amount is reasonable. First, the amount is reasonable in light of the total hourly rate and

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distribution of work. Approximately 92% of the work was billed at a very reasonable hourly rate

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of $275 or lower, and the amount of attorneys’ fees was significantly reduced by 269 hours of

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work completed by paralegals. While one of the attorneys, Michael J. Morrison’s, hourly rate of

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$500 was high compared to the rates of the three other attorneys who worked on Defendants’

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case, Mr. Morrison did less than ten percent of the hourly work. Thus, Defendants’ counsel

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appropriately distributed the workload and took effective steps to mitigate their fees leading to a

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reasonable average rate of $263.95 per hour.

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Second, the amount is reasonable in light of the professional qualities of Defendants’

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counsel. Four experienced attorneys worked on Defendants’ behalf. Mr. Morrison charged the

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highest rate but was the most experienced attorney. Mr. Morrison is a sole practitioner and has

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practiced law in Nevada since 1977. Mr. Morrison has significant experience in cases involving

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the type of claims and issues raised by Plaintiffs, specifically including corporate law, securities

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law, and mining law. The other three attorneys who worked on Defendants’ behalf, Jason Peak,

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Ryan Leary, and Josh Halen, are attorneys with Laxalt and Nomura, which also represented

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Defendants. They charged $275, $225, and $225 per hour, respectively. Mr. Peak was admitted

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to practice law in Nevada in 1999 and has worked at Laxalt and Nomura since 2002 practicing

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general litigation. Mr. Leary was admitted to the Nevada Bar in 2009 and the California Bar in

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2012, and he has worked at Laxalt and Nomura since 2011; Mr. Halen is a similarly experienced

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attorney. Reading this information alone, it is clear that Defendants were not represented by

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novices—they were represented by highly experienced attorneys with 69 years or more of

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combined legal experience. Accordingly, the experience of Defendants’ counsel supports their

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individual and overall fees.

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Third, the amount is reasonable given the work performed and the result obtained.

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Counsel successfully had this case transferred to this district after demonstrating that the U.S.

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District Court for the Eastern District of New York lacked personal jurisdiction and was an

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improper venue. In this Court, Defendants’ counsel successfully moved to dismiss Plaintiffs’

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First and Second Amended Complaints and had several claims dismissed on the merits from

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Plaintiffs’ Third Amended Complaint. After further litigation, counsel obtained summary

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judgment on all of Plaintiffs’ remaining claims. While a considerable number of hours were

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invested in this case, Plaintiffs’ actions increased the complexity and amount of work required. If

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Plaintiffs had filed in the proper jurisdiction originally and had filed a suitable complaint that

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conformed to the rules on the first, instead of third, try, the amount of fees would have been less.

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Defendants cannot be penalized for Plaintiffs mistakes that required more work. Counsel’s

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motions were well-written, addressed pertinent legal issues, and cited relevant and accurate law.

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As a result, given the work performed, the complexity of the case involving numerous claims

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and issues, and the result obtained, the total hours and attorneys’ fees requested are reasonable.

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Plaintffs’ arguments about the local rules are unpersuasive and this Court declines to

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exercise its discretion to deny Defendants’ Motion for Attorneys’ Fees. After four years of

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litigation brought about and maintained without evidence, foisting significant legal expenses on

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Defendants, it would be inequitable to deny reasonable attorneys’ fees over a technicality in the

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local rules, and it would be superfluous to deny the current motion but allow Defendants to

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amend their request. Defendants are entitled to attorneys’ fees and further document is not

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needed. While Plaintiffs cite, and in some cases, italicize and bolden portions of the local rules,

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Defendants fail to identify a crucial word: may. When discussing what should be included, the

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local rules state that failure to include information identified “may” be considered “a consent to

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the denial of the motion.” LR II 54-14(d). Furthermore, Plaintiffs’ argument about itemization is

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factually incorrect.

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Defendants’ Errata, which this Court approved, provides full documentation for the

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attorneys’ fees requested. Based on the Errata, the Court was able to reach the exact amount

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requested by Defendants—$179,747.50. The following is a breakdown of the itemized billing

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statements included in the Errata.

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Attorneys’ Fees
Oct. 2014-March 2018
Apr. 2017
Att’y
Rate
Hrs
Att’y
Rate
Hrs
Fee
MJM $500.00 54.90 $27,450.00 JP
$275.00 25.00
RL
$225.00 1.20

Fee
$6,875.00
$270.00

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5
6
7
8
9
10
11
12

Total 54.90 $27,450.00
Total 26.20
May 2017
Sept. 2017
Att’y
Rate
Hrs
Att’y
Rate
Hrs
Fee
JP
$275.00 68.9 $18,947.50 JP
$275.00
2.1
RL
$225.00 110.4 $24,840.00 RL
$225.00
4.3

$7,145.00
Fee
$577.50
$967.50

Total 179.3 $43,787.50
Total
6.4 $1,545.00
July 2017
Aug. 2017
Att’y
Rate
Hrs
Att’y
Rate
Hrs
Fee
Fee
JP
$275.00 120.7 $33,192.50 JP
$275.00 11.8 $3,245.00
RL
$225.00 173.9 $39,127.50 RL
$225.00 86.1 $19,372.50
JH
$225.00 13.5 $3,037.50 JH
$225.00
8.2 $1,845.00
Total 308.1 $75,357.50

Total 106.1 $24,462.50

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The months in the table correspond to the months that legal services were rendered through. In

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the table, paralegal fees associated with Chris Behling (CB) and Deborah Penhale (DP) were

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eliminated. When adding the fees associated with the four lawyers who worked on Defendants’

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behalf—Michael J. Morrison (MJM); Jason Peak (JP); Ryan Leary (RL); and Josh Halen (JH)—

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the total corresponds to the amount requested. The number that Plaintiffs claim is appropriate is

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only reachable by subtracting the fees billed through July 2017. Although Plaintiffs are correct

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that complete invoices were not provided for fees billed through July 2017 in Defendants’

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original filing on April 10 and subsequent filing on April 11, Defendants’ Errata includes

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complete invoices and itemization for the fees billed through July 2017. Nearly every day is

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accounted for in the documentation provided in Defendants’ Errata for the period in question,

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May 31, 2017 to July 31, 2017, and the Court cannot find any omissions in the twenty-three

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pages accounting for that period. Therefore, no reason exists to exclude fees rendered through

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July 2017 by Laxalt & Nomura. Accordingly, the Court awards Defendants’ $179,747.50 in

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attorneys’ fees.
c. Costs

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“An award of standard costs in federal district court is normally governed by Federal

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Rule of Civil Procedure 54(d), even in diversity cases.” Champion Produce, Inc. v. Ruby

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Robinson Co., 342 F.3d 1016, 1022 (9th Cir. 2003). Rule 54(d)(1) provides that “costs other than

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attorneys’ fees shall be allowed as of course to the prevailing party unless the court otherwise

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directs.” By its terms, “costs are to be awarded as a matter of course in the ordinary case,” but

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discretion is vested in the district court to refuse to award costs. Ass’n of Mexican-Am. Educators

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v. State of California, 231 F.3d 572, 593 (9th Cir. 2000). When denying costs, however, a district

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court’s discretion is not unlimited. The Court of Appeals has stated that “[a] district court must

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‘specify reasons’ for its refusal to award costs,” and those reasons must be appropriate.

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Champion Produce, 342 F.3d at 1022 (quoting Mexican-Am. Educators, 231 F.3d at 591). Thus,

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the “requirement that a district court give reasons for denying costs is, in essence, a requirement

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that the court explain why a case is not ‘ordinary’ and why, in the circumstances, it would be

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inappropriate or inequitable to award costs.” Id. (quoting Mexican-Am. Educators, 231 F.3d at

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593).

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Applying that standard here, the Court finds that this is an ordinary case and

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circumstances do not exist to justify denying costs. Plaintiffs argument that paralegal fees should

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not be awarded is unpersuasive. Failing to award paralegal fees to prevailing parties would

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perversely incentivize lawyers to do more work themselves driving up the cost of legal services.

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Parties should not be punished because their lawyers effectively reduced their overall fee by

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appropriately dividing the work between paralegals and attorneys. Consequently, the Court

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awards Defendants’ $39,218.15 in non-taxable costs and paralegal fees.

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Plaintiffs further argument that Defendants are attempting to recover the same costs twice

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is inaccurate. Compiling the billings for paralegal fees and non-taxable costs, the total amount of

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non-taxable costs is $39,218.15. Based on the information provided in Defendants’ Errata, the

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Court composed the following tables for paralegal fees and costs.

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Paralegal Fees

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Para.

May. 31 2017
Rate
Hrs

CB
RL

8
9

Para.

10

CB

$135.00

65.4

Fee
$8,829.00

Total

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65.4

Para.

$8,829.00

Aug. 2017
Rate
Hrs
$135.00
Total

12.1
12.1

Fee
$1,633.50
$1,633.50

CB
DP

Para.

July. 2017
Rate
Hrs
$135.00
$135.00
Total

113.7
78.4
192.1

Sept. 2017
Rate
Hrs
0
0

Fee
$15,349.50
$10,584.00
$25,933.50
Fee
$0.00

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Costs
Laxalt & Nomura
Firm
MJM
Date Oct. 2014-March 2018 Apr. 2017 May 2017 July 2017 Aug. 2017 Sept. 2017 Oct. 2017 Feb. 2018
Costs
$2,822.15
$10.66
$433.77 $7,110.96 $6,430.90
$48.71
$37.50
$72.80
Type
Non-taxable Costs
Taxable Costs

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When the total amount of paralegal fees and non-taxable costs are added together, the amount

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matches the exact amount requested by Defendants—$39,218.15. The remaining taxable costs

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were generated from bills by Laxalt & Nomura, which in total amount to $14,145.30 in costs. Of

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that number, Defendants only asked for $11,457.35 in taxable costs, which was granted.

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Therefore, Plaintiffs’ argument that taxable costs were excessive and duplicative fails. As a

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result, the Court denies Plaintiffs’ Motion for Re-Taxation of Costs (ECF No. 186) and awards

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Defendants $39, 218.15 in non-taxable costs and paralegal fees.

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CONCLUSION

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IT IS HEREBY ORDERED that Defendants’ Motion for Attorneys’ Fees and Costs (ECF

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No. 160) is GRANTED. Defendants’ are hereby awarded attorneys’ fees in the amount of

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$179,747.50 and non-taxable costs and paralegal fees in the amount of $39,218.15.

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IT IS FURTHER ORDERED that Plaintiffs’ Motion for Re-Taxation of Costs (ECF No.
186) is DENIED.

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IT IS SO ORDERED.

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DATED: This 11th day of March, 2019.

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_____________________________________
ROBERT C. JONES
United States District Judge

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