Peters v. Frontiere et al
ORDER by Magistrate Judge Jerry H. Ritter Awarding Attorneys' Fees and Costs to Plaintiff pursuant to 226 . Defendants must remit payment to Plaintiff within thirty (30) days of entry of this Order. (ama)
Case 1:21-cv-00564-WJ-JHR Document 227 Filed 01/18/23 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSEPH FRONTIERE, NICHOLAS
FRONTIERE, MICHAEL GHISELLI,
JOSEPH CELLURA, and TARSIN MOBILE, INC.,
No. 1:21-cv-0564 WJ/JHR
MICHAEL GHISELLI, JOSEPH CELLURA,
and TARSIN MOBILE, INC.,
ORDER AWARDING ATTOREYS’ FEES AND COSTS TO PLAINTIFF
This matter is before the Court on Plaintiff Gerald Peters’s (“Plaintiff”) Affidavit of
Benjamin Allison in Support of Plaintiff Gerald Peters’ Award of Attorneys Fees and Costs
Associated with Plaintiff’s Motion to Compel Discovery from the Tarsin Defendants (“Affidavit”)
filed on December 23, 2022. [Doc. 226]. The Affidavit follows this Court’s Memorandum Order
and Opinion (“Order”) issued on December 16, 2022, granting in part Plaintiff’s Motion to Compel
Case 1:21-cv-00564-WJ-JHR Document 227 Filed 01/18/23 Page 2 of 3
Discovery Responses from Tarsin Defendants (“Motion to Compel”) [Doc. 58]. [Doc. 225].
In the Order, the Court found that “Plaintiff is entitled to attorney fees and costs associated
with bringing the Motion to Compel.” 1 Id. at 10. The Court further instructed Plaintiff to submit
an affidavit memorializing its fees and expenses and allowed the Defendants to object to the
requested fees and expenses within fourteen days of being served with the Affidavit. Id.
Defendants filed no objections.
The Affidavit requests a total amount of $11,236.34. [Doc. 226] at 2, 4. This figure includes
$10,374.00 in attorneys’ fees and $862.34 in gross tax receipts. Id. The Affidavit provided a
detailed, itemized account of the total 36.3 hours billed by lawyers and paralegals to reach the
$10,374 in attorneys’ fees. Id. at 2-4. Plaintiff included the hourly rates for attorneys and paralegals
who worked on the Motion to Compel. Id. at 2. The Court does not find any reason to reduce the
requested fees and expenses.
Having considered the parties’ submissions and the relevant law, and there being no
objections from Defendants, the Court finds that Plaintiff’s fees and expenses requested in the
Affidavit are reasonable and necessary under the circumstances.
IT IS THEREFORE ORDERED, AJUDGED, AND DECREED that Defendants must
remit payment to Plaintiff in the amount of $11,236.24 within thirty (30) days of entry of this
Rule 37(a)(5) provides in relevant part that “If the Motion is granted . . . the court must, after giving an opportunity
to be heard, require the party or deponent whose conduct necessitated the motion, the party or attorney advising that
conduct, or both to pay the movant’s reasonable expenses incurred in making the motion, including attorney’s fees.”
Fed. R. Civ. P. 37(a)(5). The Court did not find that any exceptions under this rule applied. See id.
Case 1:21-cv-00564-WJ-JHR Document 227 Filed 01/18/23 Page 3 of 3
IT IS SO ORDERED.
JERRY H. RITTER
UNITED STATES MAGISTRATE JUDGE
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