Talismanic Properties, LLC et al v. City of Tipp City, Ohio

Filing 124

ORDER AND ENTRY GRANTING DEFENDANTS MOTION FOR ATTORNEYS FEES AND COSTS (DOC. 66 ) IN THE AMOUNT OF $3,977.11- Absent opposition by Plaintiffs, and finding the hours expended, costs sought, and counsels hourly rate to be reasonable, the undersigned GRANTS the Citys motion for attorneys fees and ORDERS that Plaintiffs pay the City $3,977.11 in attorneys fees and costs incurred by the City in obtaining a protective order.. Signed by Magistrate Judge Michael J. Newman on 12/8/17. (kma)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON TALISMANIC PROPERTIES, LLC, et al., Plaintiffs, Case No. 3:16-cv-285 vs. TIPP CITY, OHIO, Magistrate Judge Michael J. Newman (Consent Case) Defendant. _____________________________________________________________________________________ ORDER AND ENTRY GRANTING DEFENDANT’S MOTION FOR ATTORNEY’S FEES AND COSTS (DOC. 66) IN THE AMOUNT OF $3,977.11 _____________________________________________________________________________________ This civil case is before the Court on Defendant’s motion for attorney’s fees and costs. Doc. 66. Plaintiffs did not file a memorandum in opposition to Defendant’s motion, and the time for doing so has expired. Accordingly, the Court deems Defendant’s motion as unopposed. The Court has carefully considered Defendant’s motion and attachments thereto, and it is now ripe for decision by the Court. On June 9, 2017, the Court granted the City’s motion for a protective order and directed it to file a motion for reasonable expenses pursuant to Fed. R. Civ. P. 37(a)(5). Doc. 61. As ordered, the City filed its motion for attorney’s fees seeking $3,977.11 in fees associated with seeking the requested protective order. Doc. 66. In the motion, counsel for the City represents expending 25.8 hours litigating the requested discovery disputes at issue in the motion for a protective order and an hourly rate of $150 per hour. Doc. 66-1 at PageID 1895-96. Absent opposition by Plaintiffs, and finding the hours expended, costs sought, and counsel’s hourly rate to be reasonable, the undersigned GRANTS the City’s motion for attorney’s fees and ORDERS that Plaintiffs pay the City $3,977.11 in attorney’s fees and costs incurred by the City in obtaining a protective order. IT IS SO ORDERED. Date: December 8, 2017 s/ Michael J. Newman Michael J. Newman United States Magistrate Judge

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