Honkus v. Trimble Navigation Ltd

Filing 70

ORDER GRANTING 40 DEFENDANT'S MOTION FOR RECONSIDERATION. Plaintiff's counsel's request for fees regarding Defendant's Motion for protective Order Re: Deposition of Robert Painter, ECF No. 26 is denied. See ECF No. 44 Order Denying Defendant's Motion for Protective Order Re: Deposition of Robert Painter and granting Plaintiff's request for fees with regard to Defendant's motion for a protective order. Signed by Judge Stanley A Bastian. (AY, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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May 21, 2018

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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9 STEVEN HONKUS,
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Plaintiff,
v.

12 TRIMBLE NAVIGATION LTD.,
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NO. 2:16-cv-00312-SAB

Defendant.

ORDER GRANTING
DEFENDANT’S MOTION FOR
RECONSIDERATION

Before the Court is Defendant’s Motion for Reconsideration Re: Sanctions,

16 ECF No. 40. The motion was heard without oral argument. For the reasons stated
17 herein, the Court grants the motion and denies Plaintiff’s request for fees and costs.
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On April 5, 2018, the Court heard argument on Defendant’s motion to

19 prevent the deposition of Defendant’s CFO Robert Painter. At the hearing, the
20 Court denied Defendant’s motion for a protective order and indicated that it would
21 award Plaintiff’s counsel fees for defending against the motion. As a result, the
22 Court ordered Plaintiff to file an affidavit in support of fees. The affidavit was filed
23 on April 13, 2018. ECF No. 46. Defendant filed the instant motion seeking
24 reconsideration of the Court’s ruling on fees on April 6, 2018. ECF No. 40.
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Motions for reconsideration are generally disfavored and are considered “an

26 extraordinary remedy, to be used sparingly in the interests of finality and
27 conservation of judicial resources.” Kona Enters., Inc. v. Estate of Bishop, 229
28 F.3d 877, 890 (9th Cir. 2000). A motion for reconsideration may be granted when:
ORDER GRANTING DEFENDANT’S MOTION FOR
RECONSIDERATION +1

1 (1) there is an intervening change in controlling law; (2) the moving party presents
2 newly discovered or previously unavailable evidence; or (3) the motion is
3 necessary to correct manifest errors of law or fact upon which the judgment is
4 based. Turner v. Burlington N. Santa Fe R. Co., 338 F.3d 1058, 1063 (9th Cir.
5 2003).
Federal Rules of Civil Procedure 26(c) and 37(a)(5) govern protective

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7 orders. Rule 37(a)(5) provides that where a motion for a protective order is denied,
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must, after giving an opportunity to be heard, require the movant, the

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attorney filing the motion, or both to pay the party or deponent who

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opposed the motion its reasonable expenses incurred in opposing the

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motion, including attorney’s fees. But the court must not order this

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payment if the motion was substantially justified or other

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circumstances make an award of expenses unjust.

15 Here, the Court expressed its intent to award Plaintiff’s counsel fees after it denied
16 Defendant’s motion for a protective order. However, at that time, the Court was
17 unaware of the circumstances underlying the necessity of Defendant’s motion.
18 Having reviewed the record and the submissions of the parties, the Court believes
19 that an award of expenses is unjust and that Defendant’s motion was substantially
20 justified. Accordingly, the Court grants Defendant’s motion for reconsideration
21 and denies Plaintiff’s counsel’s request for fees.
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ORDER GRANTING DEFENDANT’S MOTION FOR
RECONSIDERATION +2

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Accordingly, IT IS HEREBY ORDERED:

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1. Defendant’s Motion for Reconsideration Re: Sanctions, ECF No. 40, is

3 GRANTED.
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2. Plaintiff’s counsel’s request for fees regarding Defendant’s Motion for

5 Protective Order Re: Deposition of Robert Painter, ECF No. 26, is denied.
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IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

7 this Order and provide copies to counsel.
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DATED this 21st day of May 2018.

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Stanley A. Bastian

United States District Judge

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ORDER GRANTING DEFENDANT’S MOTION FOR
RECONSIDERATION +3