Excedis Corporation vs Edward Bollmann, et al

Filing 117

ORDER Re: ECF Nos. 104 Motion to Compel, 106 Motion for "Cost Sanctions" : Counsel for Bollman and Kerr shall submit a declaration by 7/19/2018 itemizing the expenses, costs and fees incurred by reason of the motion to compel. (See pdf order for specifics.) Signed by Magistrate Judge William G. Cobb on 7/9/2018. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EXCEDIS CORPORATION, a Nevada
limited liability company,

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Plaintiff,
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vs.
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EDWARD BOLLMAN, an individual,
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JAMES KERR, an individual, et al.,
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Defendants.
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______________________________________)
EDWARD BOLLMAN, an individual,
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and JAMES KERR, an individual,
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Counterclaimants,
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vs.
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EXCEDIS CORPORATION, a Nevada
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limited liability company,
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Counterdefendant.
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______________________________________)
EDWARD BOLLMAN, an individual,
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and JAMES KERR, an individual,
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Third Party Plaintiffs,
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vs.
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THOMAS RIPLEY, an individual,
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PATRICK HOGAN, an individual,
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JEAN HOGAN, an individual,
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CATHERINE A. MEAD, an individual,
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Third Party Defendants.
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______________________________________)

3:16-cv-00514-HDM-WGC
ORDER

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Before the court is the “Discovery Motion” of Edward Bollman and James Kerr which seeks an
order of this court compelling Third Party Defendant Thomas Ripley to appear for his deposition in “the
San Francisco Bay Area” (ECF No. 104-1 at 12) and to order Ripley to pay “cost sanctions” occasioned
by Ripley’s repeated failure to appear for his deposition. (ECF No. 106.) No opposition was submitted
to the Motion to Compel (ECF No. 104) or the Motion for Sanctions (ECF No. 106).
At the court’s telephonic motion hearing of June 15, 2018, the court granted the motion to

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compel and ordered Ripley to appear for his deposition. (ECF No. 111 at 2.) The court also granted the

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request for “cost sanctions” and directed counsel to submit a proposed order. (Id.) On July 2, 2018,

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counsel for Bollman and Kerr submitted a proposed order as directed by the court. (ECF No. 115.)

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Order Re: ECF No. 104 : Motion to Compel

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As outlined above, the court previously granted the motion compelling Ripley to appear for his

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deposition. (ECF No. 111.) In furtherance of that order, Third Party Defendant Ripley was ordered to

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contact counsel for Bollman and Kerr, Albert L. Thuesen, III, to identify the exact date he will appear.

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Should Third Party Defendant Ripley not contact counsel and/or not appear for his deposition, Bollman

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and Kerr may move the court for further appropriate relief from the court.

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Order Re: ECF No. 106 : Motion for “Cost Sanctions”

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This motion was characterized as one seeking “cost sanctions” (ECF No. 106). Bollman and

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Kerr sought reimbursement “for the expenses of this motion and to deter further non-compliance...”

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(ECF No. 106-1 at 12). The motion was predicated on Fed. R. Civ. P. 37(a)(5)(A) which allows the

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court to award “the movant’s reasonable expenses incurred in making the motion including attorney’s

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fees.” (Id. at 11.)

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The declaration of attorney Thuesen represents his hourly billing rate of $750 an hour is “fair and

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reasonable.” (ECF No. 106-2 at 5, subparagraph p.) In the proposed order, Bollman and Kerr seek a

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“monetary sanction in the amount of $6,307.44.” (ECF No. 115 at 3.) However, no breakdown or

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itemization of the sum of $6,307.44 was provided. While the court has granted Bollman-Kerr’s request

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for “cost sanctions” (ECF No. 106; ECF No. 11 at 2), the court requires documentation of the cost and

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expenses - and attorney’s fees - Bollman and Kerr incurred “for the necessity of [the motion to compel]

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...” (ECF No. 106 at 2; ECF No. 106-1 at 12.) Counsel for Bollman and Kerr shall submit a declaration
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within ten (10) days of this order itemizing the expenses, costs and fees incurred by reason of the motion
to compel.
DATED: July 9, 2018.

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__________________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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