United Marketing Solutions, Inc. v. Fowler et al

Filing 38

MEMORANDUM OPINION re: Award of costs and fees incurred in bringing defendants' Motion to Compel discovery from Plaintiff. (See Memorandum Opinion For Details). Signed by Magistrate Judge Theresa Carroll Buchanan on 7/16/10. (nhall)

-TCB United Marketing Solutions, Inc. v. Fowler et al

Doc. 38

UNITED
FOR THE

STATES

DISTRICT

COURT

V^

F

p

EASTERN

DISTRICT

OF VIRGINIA

L

|j=s

^

^>T1

rv

Alexandria

Division

JULfl 62010
United Marketing Plaintiff,
v. Angie M. Fowler, et al.,

Solutions,

Inc.,) )
) ) ) Civil Action No. l:09cvl392

Defendants.

Memorandum Opinion

THIS MATTER originally came before
Motion to Compel discovery this from Court this

the

Court

on defendants'
no. 22). Upon and to

Plaintiff found that motion was

(Docket

granting fees
Fed.

the motion,

an award of

costs

incurred
R. Civ.

in bringing
P. 37.

appropriate pursuant

The

Court

has

reviewed

the Certification on Motion
Einbinder,

in

Support

of

Attorneys'
defendants

Fee Application
counsel Michael

to Compel
as well

submitted by
as plaintiff's

Brief
Motion

in Opposition
to Compel.

to defendants'

Attorneys'

Fee Application on

In

considering to v.

this

award of

fees set

and

costs,

it

is

appropriate in Robinson

use the Equifax

standards

forth by the LLC,

Fourth Circuit 560 F.3d 235

Information Services,

(4th Cir.

2009) .
fee
as

The Court has reviewed the reasonableness of
request in that context and as to the twelve

defendants'
factors

finds

follows:

Dockets.Justia.com

1.

The

time and labor expended:

Mr.

Einbinder does

has not

represented that include
on the

the

time

outlined

in

his

certification
to

time
same

spent
date.

on plaintiff's motion
The Court finds that

amend which was

heard

all
on

of
June

the
18,

counsel
2010

and paralegal
reasonable

time
and

leading

up
as

to the
is

hearing
from

was

necessary

evident

the had fees

pleadings to appear June

on in 18,

the motion. Court 2010
of

However,

since motion

defendants' as well,

counsel the same

on

plaintiff's

then For

for

will be
expenses

reduced by

one-half.

the
be

reason

the

one-half

claimed by defendants

will

granted.

Therefore,
be as follows:

the Court

finds

the

reasonable

time

expended to

Michael

Einbinder

13.50
3.70

hours
hours

Vincent Amberly

Stephanie

Blumstein

33.75 2.25 7.00 1.50

hours hours hours hours
raised: was complex in

Ricahrd Bayer Lydia Newcomb Bezas

Christina
2.

The novelty and difficulty of the questions The defendants motion, although not novel,

that

it

involved

reviewing

and compiling

information

from the

discovery
expert

responses,
as

deposition
as legal

transcripts,
research. In

and plaintiff's
addition,

report,

well

defendant's
resolve

counsel

spent

a

significant

amount
counsel,

of time
to no

trying to
avail.

these matters

with plaintiff's

3.

The

skill required to properly perform the

legal

services

rendered:

The Court counsel was preparation,

finds

that

the memoranda

filed by defendants and was the participation, reasonable and

thorough and

and well prepared, the pleadings
counsel

review of
of

necessary by all 4.

defendants'

and paralegals.

The attorney's
litigation:

opportunity costs

in pressing the instant

The Court

finds

that

this

issue

is

not

particularly

relevant

to the motion to
counsel should

compel,
have

although
had to

it

is

clear

that
time

defendants'
on this

not

spend valuable

motion,
5. The

had plaintiff
customary fee

compelled with
for like work:

its

discovery

obligations.

Mr.

Einbinder

represents

that

the hourly rates

for him and

his New York attorneys
this Court must

and paralegals
fees at a

are

reasonable.
rate for

However,
Northern

determine

reasonable

Virginia, and costs

although the in a

level

of proof

demanded be

in awarding that required

fees in an

discovery motion

should not

award of
case.
Data

fees

and

costs
has

for

the entire

course of
opinion
in Zhou

litgating a
in U.S. v. IIF
et

The Court
Solutions,

reviewed the
and the

recent
opinion

l:06cv641

Jie

Plant,

al.

v.

Merrifield

Town

Center Limited Partnerships,
counsel's experience and

et

al.,
the

l:08cv374.

Based upon

expertise,

Court

finds

that

the

reasonable

hourly

rates

for

the plaintiff's
rates is

attorneys
as

and paralegals

according to

Northern

Virginia

follows:

Mr.

Einbiner

$400.00

Ms.

Blumstien

$250.00

Mr.
Mr.

Bayer
Amberly

$250.00
$350.00

Ms. Ms.

Newcomb Bezas
The

$ $
Court

90.00 90.00
finds that factors 5(the attorney's

5,6,10,11.

expectations at
limitations

the outset
the

of

litigation),
or the

6

(the

time
10 (the

imposed by of the 11

client

circumstances), legal of

undesirability the suit arose)

case within (nature and

community in which the professional particularly

and

length client)

relationship between relevant
8. The

attorney and

are not

to

this matter.
in controversy and the results obtained:

amount

The
their

defendants
to

were

successful

in

that

the

Court

granted

motion

compel.

9.

The experience,

reputation

and ability of

the attorney:

The of

Court

finds is

that

the

experience,

reputation of the

and ability pleadings factors.

defense

counsel

bolstered by the fee award
in

quality

submitted and that
12. Attorney's

the

is

supported by
cases:

these

fees

awards

similar

The Court cited in factor

finds 5,

that

based upon

its

review

of the

cases is
similar

the

fees

charged by
awarded

defendants'
in

counsel
with

commensurate
motions.

with

counsel

fees

connection

CONCLUSION

The Court costs are

finds

that

the

following

attorneys's incurred

fees in

and

reasonable

and necessary expenses motion to hours hours

connection with defendants' Michael Einbinder

compel: at at $400 $350 = = $5400.00
$1295.00 $8437.50 $ 562.50

13.0 3.7

Vincent Amberly

Stephanie

Blumstein

33.75 2.25
7.0 1.5

hours hours
hours hours

at at
at at

$250 $250
$90 $90

= =
= =

Richard Bayer Lydia Newcomb
Bazas

$
$

630.00
135.00

Christina

$
EXPENSES

16,460

FedEx

(50%

of

$19.90)
courtesy copies

$

9.95

Messenger
(50% of

to deliver

$38.00)

$

19.00

Hotel Amtrak

(50% (50%

or of

$250.00) $350.00) (50% June of 18, $50) 2010 hearing

$125.00

$175.00
$ 25.00

Transportation Transcript (50% of of

$87.30)

$

43.65

Total

$16,857.60

Therefore,

the

Court

finds

that

plaintiff,

United Marketing

Solutions

Inc.,

shall pay the sum of
days. An

$16,857.60
order

to defendants
shall be issued.

within thirty

(30)

appropriate

ENTERED this

lw """day of July, 2010
Isi Theresa Carroll Buchanan United States Magistrate Judge

Alexandria,

Virginia