WOLFINGTON v. RECONSTRUCTIVE ORTHOPAEDIC ASSOCIATES II, P.C. et al

Filing 49

ORDER THAT WITHIN 14 DAYS, DEFT SHALL SERVE A DETAILED STATEMENT OF ITS ATTORNEYS' FEES & COSTS, STATING A SUMMARY OF THE WORK PERFORMED, THE HOURS, THE ATTORNEYS INVOLVED, & THE NORMAL BLLING RATE USED BY DEFT'S LAW FIRM IN WORK OF THIS NA TURE, ETC. WITHIN THE NEXT SEVEN DAYS, COUNSEL SHALL DISCUSS THE DATA EXCHANGE, & THEN FILE WITH THE COURT EITHER AN AGREED UPON STATEMENT OF ATTORNEYS' FEES & COSTS, OR SEPARATE STATEMENTS WITH SEPARATE CONTENTIONS, ETC.SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/29/17. 9/29/17 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANDREW WOLFINGTON, individually
and on behalf of all others similarly situated

CIVIL ACTION
NO. 16-4935

v.
RECONSTRUCTIVE ORTHOPAEDIC
ASSOCIATES II, a/k/a “THE ROTHMAN
INSTITUTE”

ORDER
AND NOW this 29 day of September, 2017, it is hereby ORDERED that the following
procedure will apply, in furtherance of the foregoing Memorandum finding Rule 11 violations:
1.

Within 14 days, Defendant shall serve a detailed statement of its attorneys’ fees

and costs, stating a summary of the work performed, the hours, the attorneys involved, and the
normal billing rate used by the Defendant’s law firm in work of this nature. This data shall be
supported by the actual bills sent to the Defendant. Defendant may have had insurance to cover
these expenses, which shall be disclosed.
2.

Plaintiff’s counsel identified in the foregoing Memorandum shall have 14 days to

respond and shall serve objections or counter-computations of the amount they contend they
should pay to Defendant, within 14 days.
3.

Within the next seven days, counsel shall discuss the data exchange, and then file

with the Court either an agreed upon statement of attorneys’ fees and costs, or separate
statements with separate contentions.
4.

If any party or counsel believes a lesser or a greater sanction should be imposed,

they may file a brief, limited to 10 pages, on this point, together with the statements.

5.

As the Court has extended the time for Plaintiff’s counsel to submit a brief in

support of its Motion for Reconsideration, that brief shall be filed within fourteen (14) days and
Defendant shall reply within fourteen (14) days.
BY THE COURT:

/s/ Michael M. Baylson
MICHAEL M. BAYLSON
United States District Court Judge

O:\CIVIL 16\16-4935 Wolfington v Reconstructive Ortho\16cv4935 Order for Memorandum re Rule 11.docx

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