Garner, Herman v. ProClip USA, Inc.

Filing 56

ORDER granting 50 Motion for Attorney Fees. Defendant ProClip USA awarded attorney fees in the amount of $1,981.94. Plaintiff Herman E. Garner may have until November 12, 2017, to paydefendant. Signed by District Judge Barbara B. Crabb on 10/12/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - HERMAN E. GARNER,
ORDER
Plaintiff,
15-cv-653-bbc
v.
PROCLIP USA, INC.,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On September 18, 2017, I granted a motion to compel filed by defendant ProClip
USA, Inc. and ordered plaintiff Herman E. Garner to provide defendant full and complete
interrogatory answers signed under oath and attend his properly noticed deposition. Dkt.
#49. I also stated that I was inclined to grant defendant’s request under Fed. R. Civ. P.
37(a)(5)(A) and (d) for reasonable costs and attorneys fees incurred in preparing for and
attending plaintiff’s deposition and in filing the motion to compel, in light of plaintiff’s
failure to present any legitimate objection (or any response at all) to defendant’s motion.
However, I gave plaintiff one opportunity to object to defendant’s request for fees.
Defendant has now filed an itemized statement of costs and fees, dkt. #51, and
plaintiff has not filed any objection or other response.

After reviewing the itemized

statement and explanation from counsel, I find that defendant’s request for $1,886 fees and
$95.94 in costs is reasonable and an appropriate sanction for plaintiff’s actions.
Accordingly, I am granting defendant’s request for fees and costs.

1

ORDER
IT IS ORDERED that defendant ProClip USA, Inc.’s motion for fees and costs is
GRANTED. Plaintiff Herman E. Garner may have until November 12, 2017, to pay
defendant $1,981.94 to compensate defendant for the fees and costs incurred in filing its
motion to compel and in preparing for and attending the properly noticed deposition that
plaintiff failed to attend.

Entered this 12th day of October, 2017.
BY THE COURT:
/s/
________________________
BARBARA B. CRABB
District Judge

2