Gordon et al v. Home Depot, The

Filing 120

MEMORANDUM DECISION AND ORDER granting 63 Motion for Attorney Fees. Signed by Magistrate Judge Evelyn J. Furse on 3/28/16 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

JAY GORDON, JAMES LOMAX in his
own right , and as successor in interest, to
DEBBIE LOMAX,
Plaintiffs,
vs.
THE HOME DEPOT, INC.,
Defendant.

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MEMORANDUM DECISION AND
ORDER
Case No. 2:13-cv-00855-JNP-EJF
District Judge Jill Parrish
Magistrate Judge Evelyn J. Furse

The Court has reviewed the filings on the Motion for Attorney Fees remaining on ECF
No. 63. When the Court grants a motion for discovery it must award reasonable expenses,
including attorney fees, to the prevailing party. Fed. R. Civ. 37(a)(5)(A). The only times the
Court will not award these expenses are when the movant failed to meet and confer prior to
filing, the opposing party's position was substantially justified, or "other circumstances make an
award of expenses unjust." Id. The documentation submitted with the Motion demonstrates a
good faith meet and confer process. The Court does not find the opposing party's position
substantially justified because the Complaint in this case puts these matters squarely in issue, and
the answers given previously were too vague to answer the question posed. The Court does not
find any other circumstances making the award unjust. Therefore, the Court GRANTS the
Plaintiff the reasonable expenses incurred in making its Motion to Compel, ECF No. 63.

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At the time the Plaintiff made the Motion, this case was joined with another case.
Plaintiff's counsel should submit a motion with an affidavit as to the total expenses of the Motion
to Compel and request half of the total expenses in each case. Briefing on the motion should
follow the standard schedule provided by the local rules.
DATED this _28th__ day of March, 2016.
BY THE COURT:

________________________
EVELYN J. FURSE
United States Magistrate Judge

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