Miller et al v. Team Go Figure, LLP et al

Filing 83

Order Accepting the 78 Findings, Conclusions, and Recommendation of the Magistrate Judge. Plaintiffs' 58 Motion for Sanctions is granted in part and denied in part. (Ordered by Judge Reed C O'Connor on 5/13/2014) (tln)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
TONI MILLER, ET AL.,
Plaintiffs,
V.
TEAM GO FIGURE, L.L.P., ET AL.,
Defendants.

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No. 3:13-cv-1509-O

ORDER
After conducting an independent review of the pleadings, files, and records in this case, the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated May 1,
2014 (see ECF No. 78), and the Defendants’ Response thereto (see ECF No. 79)1, the Court
determines that the Findings, Conclusions, and Recommendation of the Magistrate Judge are correct
and they are therefore accepted as those of the Court. Accordingly, it is hereby ordered that:
1.

Plaintiffs’ Motion for Sanctions (ECF No. 58) is granted in part and denied in
part. Plaintiffs are awarded from Defendants Team Go Figure and Scott Eskridge
(and not their counsel), jointly and severally, a monetary sanction of Plaintiffs’
reasonable attorneys’ fees and costs incurred in bringing and pursuing, including
through the April 28, 2014 hearing, that part of their Motion for Sanctions associated
with Defendants’ failure to comply with the Court’s February 4, 2014 Order (see
ECF No. 36) in producing the Team Order Forms.

2.

Pursuant to Local Civil Rules 7.1(a) and (h), Plaintiffs’ counsel and Defendants’
counsel are ordered to meet face-to-face and confer about the reasonable amount of
any requested fees and costs. No later than 14 days from the date of this Order, the
parties must file a joint status report notifying the Court of the results of the
conference. If the amount of fees to be awarded to Plaintiffs has been resolved,

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In their Response, Defendants state they have no objection to Magistrate Judge Horan’s
recommendation (although they respectfully disagree with his finding that their failure to produce
the universe of Team Order Forms was willful). See Def. Resp. at 2, ECF No. 79.
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Plaintiffs shall also forward an agreed proposed order to the Court. If the parties do
not reach an agreement as to the amount of fees to be awarded to Plaintiffs, Plaintiffs
may, no later than 14 days from the date of this Order, file an application for
attorneys’ fees that is accompanied by supporting evidence establishing the amount
of those attorneys’ fees. The fee application must be supported by documentation
evidencing the “lodestar” calculation, including affidavits and billing records, and
citations to relevant authorities and shall set forth the number of hours expended in
preparing that part of their Motion for Sanctions associated with Defendants’ failure
to comply with the Court’s February 4, 2014 Order (ECF No. 36) in producing the
Team Order Forms and in preparing for and attending the hearing on the motion for
sanctions held on April 28, 2014, as well as the reasonable rate(s) requested. See
Tollett v. City of Kemah, 285 F.3d 357, 367 (5th Cir. 2002) (using the “lodestar”
method to award attorney’s fees under Rule 37). If an application is filed, Defendants
may file a response within 7 days.
3.

Defendants are further ordered to, within 5 business days of the date of this Order,
produce all Team Order Forms associated with any sale made by Team Go Figure
from 2010 until April 2013, as required by the Court’s February 4, 2014 Order (ECF
No. 36).

4.

Plaintiffs’ Motion for Sanctions (ECF No. 58] is otherwise denied.

SO ORDERED this 13th day of May, 2014.

_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE

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