US Bank National Association v. SFR Investments Pool 1, LLC et al

Filing 123

ORDER re ECF Nos. 111 Motion for Attorneys Fees and Costs, 112 Declaration, and 115 Supplement. Plaintiff is awarded attorneys fees of $5,501.50 and costs in the amount of $723.60, for a total award of $6,225.10. Signed by Magistrate Judge William G. Cobb on 6/7/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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U.S. BANK, NATIONAL ASSOCIATION,

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Plaintiff,
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vs.
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SFR INVESTMENT POOL 1, LLC, etc., et al. )
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Defendants.
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______________________________________)

3:15-cv-00241-RCJ-WGC
ORDER
Re: ECF Nos. 111, 112, 115

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Before the court is Plaintiff U.S. Bank National Association’s (U.S. Bank) Motion for Attorneys

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Fees & Costs Following Motion to Compel Discovery (Electronic Case Filing (ECF) No. 111),

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Declaration of Natalie C. Lehman in Support of Motion for Attorney’s Fees Following Motion to

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Compel Discovery (ECF No. 112) and Supplement to Motion for Attorney’s Fees & Costs to Compel

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Discovery (ECF No. 115). No responses were filed by the parties, Alessi & Koenig, LLC (Alessi &

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Koenig) and D’Andrea Community Association (D’Andrea), against which the award of fees and costs

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is sought.1

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On April 22, 2016, this court entered its order granting U.S. Bank’s motion to compel discovery

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as against D’Andrea and Alessi & Koenig. (ECF No. 113.) The court ordered that Alessi & Koenig and

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D’Andrea shall respond to U.S. Bank’s Interrogatories and Requests for Production no later than

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May 22, 2016. U.S. Bank’s Request for Admissions to Alessi & Koenig and D’Andrea were deemed

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U.S. Bank filed a document entitled “Declaration of Natalie C. Lehman, Esq. In Support of the Plaintiff, U.S. Bank,
N.A.’s Motion to Compel Discovery Responses from D’Andrea Community Association and Alessi & Koenig, LLC. (ECF
No. 119.) In its Notice of Errata Regarding Title of Docket No. 119, U.S. Bank stated the title of No. 119 should have instead
been titled, “U.S. Bank’s Notice of Completion of Mediation Pursuant to NRS 38.310" and was not intended to apply to the
motion to compel or its motion for attorneys fees and costs. (ECF No. 120.)

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admitted. (ECF No. 111 at 2.) The record contains no suggestion the Defendants have responded to

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Plaintiff’s discovery as the court ordered.

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Plaintiff U.S. Bank seeks an award of attorneys fees and costs incurred by reason of Defendants’

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failure to respond to Plaintiff’s discovery and in having to bring its motion to compel. (ECF No. 111.)

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Plaintiff initially sought an award of attorneys fees of $3,030.50 (ECF Nos. 111, 112) and thereafter in

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a Supplement to Motion for Attorneys Fees and Costs, seeks an additional $2,471.00 in attorneys fees

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(ECF No. 115-2 at 2) and costs (deposition appearance fees; ECF No. 115-1 at 2-3) in the amount of

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$725.60.

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Fed. R. Civ. P. 37 (c)(1)(A) and (d)(3) authorize this court to award a party which prevails on

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a motion to compel its attorneys fees incurred in making the motion unless the failure was substantially

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justified or other circumstances make an award of expenses unjust. A reasonable opportunity was

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afforded Defendants D’Andrea and Alessi & Koenig to respond, but Defendants failed to do so.

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The court finds that amount of fees set forth in the declaration of counsel (ECF No. 112-1) and

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the supplement to the motion (ECF No. 115) to be reasonable. Plaintiff is awarded attorneys fees of

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$5,501.50 and costs in the amount of $723.60, for a total award of $6,225.10.

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IT IS SO ORDERED.

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DATED: June 7, 2016.

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____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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