Benson, et al. v. Newcom Holdings Pty. Ltd. et al

Filing 99

MEMORANDUM OPINION. Signed by Magistrate Judge Theresa Carroll Buchanan on 5/2/2013. (rban, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

KEITH BENSON, et al.,
Plaintiffs,
v.
VSIM PATENT CO. LLC, et al.,
Defendants.

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Civ. No. 1:12cv1161

MEMORANDUM OPINION
THIS MATTER came before the Court on plaintiffs’ Affidavit
of Caitlin Lhommedieu, Esq. and supporting documents in support
of attorneys’ fees (Dkt. 81) in connection with plaintiffs’
Motion to Compel and for Protective Order (Dkt. 58) heard on
February 15, 2013.
Consideration by the Court of plaintiffs’ attorneys’ fees
was limited to plaintiffs’ Motion to Compel and for Protective
Order. Yet, plaintiffs submitted legal bills not just for time
related to preparation and appearance at those motions, but for
plaintiffs’ Motion for Sanctions (Dkt. 30) and other matters as
well. In addition, plaintiff failed to submit affidavits from
independent witnesses as to the reasonableness of their fees and
the prevailing market rate. They also failed to address the
factors the Court must consider for an award of counsel fees and
costs pursuant to Robinson v. Equifax Info. Svcs., LLC, 560 F.3d

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235, 243-44 (4th Cir. 2009).
The Court further finds that since the motions were only
granted in part, the motions were fairly contested. This Court
declines to award fees and costs. An appropriate order shall be
entered.
ENTERED this 2nd day of May, 2013.

/s/
THERESA CARROLL BUCHANAN
UNITED STATES MAGISTRATE JUDGE
Alexandria, Virginia

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