RDLG, LLC v. RPM Group, LLC et al

Filing 217

ORDER awarding Plaintiff its costs and fees in the amount of $1560.00. Defendant shall have 20 days to provide Plaintiff with payment in the amount of $1560.00 (see order for further detail). Signed by Magistrate Judge Dennis Howell on 09/30/2015. (Pro se litigant served by US Mail.)(thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:10cv204
RDLG, LLC,

)
)
Plaintiff,
)
)
v.
)
)
RPM GROUP, LLC, et al.
)
)
Defendants.
)
___________________________________ )

ORDER

Previously, the Court granted Plaintiff’s Motion to Compel and awarded
Plaintiff its reasonable fees and costs, including attorneys’ fees, in bringing the
motion. (Order, Aug. 5, 2015.) The Court scheduled a hearing to determine the
reasonable fees and costs. Pursuant to the Court’s Order, Plaintiff then filed
supporting affidavits setting forth its reasonable fees and costs. Upon a review of
the affidavits, counsel for Defendant found the time incurred and the hourly rate
charged for bringing the Motion to Compel was reasonable. Defendant only
objected to the inclusion of $712.50 of fees incurred pursuant to this Court’s Order
directing the parties to brief the issue of whether the Court has jurisdiction to
resolve the post-judgment motions while this case is on appeal to the United States
Court of Appeals for the Fourth Circuit. In addition, Defendant requested that the
Court cancel the September 25, 2015, hearing. Based on the representations of

Defendant that it did not object to the time incurred or the hourly rate charged by
counsel for Plaintiff, the Court canceled the hearing.
Upon a review of the record, the affidavits submitted by Plaintiff, and upon
consideration of Defendant’s response to the affidavits, the Court finds that an
award of costs and fees in the amount of $1560.00 is reasonable and appropriate
for bringing the Motion to Compel. The Court agrees with Defendant that the
$712.50 incurred in briefing the issue of whether the Court has jurisdiction should
not be included in the award of fees because these fees were incurred as the result
of an Order of this Court requesting supplemental briefing on the matter. The
Court requested this briefing for matters in addition to the Motion to Compel, as
several post judgment motions were then pending before the Court. (Order, May
27, 2015.) Moreover, the Court would have requested the parties file these briefs
whether or not Plaintiff had filed the Motion to Compel. Accordingly, the Court
finds that the $712.50 related to the supplemental briefing regarding jurisdiction
should not be included in the award of costs and fees.
The Court AWARDS Plaintiff its costs and fees in the amount of $1560.00.
Defendant shall have twenty (20) days to provide Plaintiff with payment in the
amount of $1560.00.
Signed: September 30, 2015