Tennessee Tractor, LLC on behalf of itself and the Tennessee Tractor, LLC Health and Welfare Benefit Plan et al v. WH Adminstrators, Inc.

Filing 101

ORDER AWARDING COSTS AS SANCTIONS. Signed by Chief Judge S. Thomas Anderson on 11/27/18. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION

KERRY YOUNG, on behalf of himself
and all similarly situated persons,
Plaintiffs,
v.
WH ADMINISTRATORS, INC.,
Defendant.

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No. 1:17-cv-02829-STA-egb

ORDER AWARDING COSTS AS SANCTIONS

Before the Court is Plaintiff’s list of costs incurred in pursuing the enforcement of this
Court’s prior Order (ECF No. 82). (ECF No. 97-1.) Plaintiff filed a Motion for Civil Contempt
of Court Order and Sanctions on August 31, 2018. (ECF No. 85.) This Court held a hearing on
the Motion on October 22, 2018. This Court found Defendant to be in contempt because it failed
to comply with this Court’s Order (ECF No. 82) instructing Defendant to provide Plaintiff or its
legal counsel with all information and documentation in Defendant’s control relating to the
health and welfare benefit plan. (ECF No. 96.) Defendant also failed to produce a corporate
representative, as ordered, at the Motion hearing: further grounds for a finding of contempt. (Id.)
This Court ordered Defendant—again—to comply with the Order and ordered Plaintiff’s counsel
to submit a list of costs incurred in pursuing the enforcement of the Order. (Id.)
Pursuant to Rules 37(b)(2)(A) and (C) of the Federal Rules of Civil Procedure and in
accordance with Goodyear Tire & Rubber Company v. Haeger, 137 U.S. 1178 (2017), this Court

has discretion to calculate and award reasonable attorneys’ fees and costs associated with the
enforcement of its orders.
Plaintiff submitted attorneys’ fees totaling $22,107.25 and costs totaling $136.89. The
Court finds these amounts to be reasonable to redress the losses sustained by Plaintiff, and
imposes these sanctions upon Defendant. Defendant shall remit the total amount of $22,244.14
to Plaintiff’s counsel within fifteen (15) days of the entry of this Order. This Court reserves the
issue of additional costs.
IT IS SO ORDERED.

s/ S. Thomas Anderson
S. THOMAS ANDERSON
CHIEF UNITED STATES DISTRICT JUDGE
Date: November 27, 2018.