Opportunities Development Group, LLC v. Andruss
Filing
59
ORDER granting in part and denying in part 36 Motion for Sanctions; adopting Report and Recommendations re 51 Report and Recommendations.; denying 55 Motion to Vacate. Signed by District Judge T. S. Ellis, III on 4/30/15. Rule 58 judgment to follow (gwalk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
OPPORTUNITIES DEVELOPMENT
GROUP, LLC,
Plaintiff,
Case No. l;14-cv-62
V.
BENJAMIN LEE ANDRUSS,
Defendant.
ORDER
On September 18, 2015, plaintiff in this state law conversion, fraud, breach of fiduciary
duty, and unjust enrichment action appeared for a final pretrial conference. Defendant,
proceeding pro se, did not appear. Plaintiff advised the Court that defendant had completely
failed to participate in discovery and, as a result, plaintiff intended to move for the imposition of
a default judgment as a sanction. Having received plaintiffs motion for sanctions and following
a hearing, on March 3, 2015 the United States Magistrate Judge issued a Report and
Recommendation that plaintiffs motion for sanctions be granted in part and denied in part. (Doc.
51). The Magistrate Judge recommended that plaintiff be awarded a default judgment in the
amount of $341,436.61 in compensatory damages plus the reasonable attorney's fees and costs
associated with plaintiffs unsuccessful efforts to pursue discovery from defendant. The
Magistrate Judge instructed plaintiff to file an affidavit detailing the reasonable fees and costs
incurred in seeking discovery, which plaintiff did on March 13, 2015. Plaintiffs affidavit states
that plaintiff incurred $5,000 in legal fees in pursuit of discovery, but did not include a
breakdown of the time expended. (Doc. 53).
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