Civil Action No. 08-cv-01080-CMA-KMT.
April 10, 2009
On February 9, 2009, this court entered an order granting in part and denying in part "Defendants' Motion for Protective Order and to Strike Plaintiff's Endorsement of Frederick T. Martinez as a Witness" and awarding Defendants reasonable expenses, including attorney fees, that they incurred in bringing the Motion for Protective Order. (Doc. No. 16.) Plaintiff appealed the ruling to the Judge Christine M. Arguello. (Doc. No. 51.) On March 12, 2009, Judge Arguello overruled the appeal and directed counsel to meet and confer, and prepare and file a stipulated accounting of reasonable expenses and attorneys fees incurred in making the Motion for Protective Order. (Doc. No. 55.) The order stated the accounting should include the expenses incurred in responding to Plaintiff's appeal of the Magistrate Judge's ruling, as well as the initial motion. (Id.) The order further stated that, if the parties were unable reach a stipulation, each party should file its own reasonable accounting. (Id.) This matter is before the court on the "Defendants' Accounting of Reasonable Attorney Fees and Expenses" (Doc. No. 56) and the "Plaintiff's Objection to Defendant's Accounting of Reasonable Attorney Fees and Expenses" (Doc. No. 60).
After review of the parties' accountings, the court has determined it will award fees and expenses in the amount of $3,837.00 as set forth below. To the extent Plaintiff objects to an award of fees related to the filing of the motion to strike, the court finds the facts and issues related to the motion to strike and the motion for protective order were intertwined and inseparable and, therefore, will allow fees related to the entire motion. To the extent the court has not allowed the fees submitted by Defendants, the court has determined (1) they were not related to the Motion for Protective Order and to Strike, or (2) the billing description was overly broad; or (3) the fees requested were excessive. DATE DESCRIPTION TIMEKEEPER HOURS TOTAL TOTAL $3,837.008/6/08 Review and analyze LGE .20 40.00 correspondence from opposing counsel regarding Fred Martinez as a witness 8/7/08 Analysis of the correspondence FTM .20 43.00 associated with my identification as a potential witness 8/8/08 Analysis of correspondence FTM .20 43.00 associated with designation as potential witness 8/8/08 Coordinate search of Aurora FTM .20 43.00 Police reports for identification as potential witness 8/8/08 Analysis of the Aurora Police FTM .30 64.50 Department police reports regarding identification as potential witness 8/8/08 Draft correspondence to opposing FTM .30 64.50 counsel regarding listing of counsel as witness 8/11/08 Coordinate motion for sanctions FTM .30 43.00 with Lance G. Eberhart based on endorsement 8/12/08 Confer with opposing counsel FTM .30 64.50 regarding deadline to withdraw counsel as witness 8/12/08 Research and draft motion to LGE 2.30 460.00 strike F. Martinez as a witness 8/14/08 Legal research and edit draft of FTM 1.0 215.00 motion for protective order 8/14/08 Analysis of correspondence from FTM .20 43.00 opposing counsel regarding request for Firm's billing records, etc. 8/14/08 Edit motion for protective order FTM .30 64.50 due to correspondence from opposing counsel requesting billing records 8/14/08 Telephone call to Detective FTM .10 21.50 Petrochelli regarding need for potential affidavit discussing my role in accident reconstruction 8/14/08 Confer with Detective Petrocelli FTM .40 86.00 regarding conference with opposing counsel, police reports and accident reconstruction 8/14/08 Draft correspondence to opposing FTM .30 64.50 counsel regarding motion for protective order and coordinate exhibits in support of filing of motion 8/14/08 Review correspondence from FTM .10 21.50 opposing counsel regarding request for non-privileged information 8/18/08 Review issues with motion and LGE .30 60.00 protective order 9/4/08 Review Plaintiff's response to LGE .10 20.00 motion for protective order 9/5/08 Analysis of response to motion for FTM .80 172.00 protective order and call M. Campos regarding affidavits and discovery; Learn of potential bankruptcy and receivership 9/5/08 Review of attorney notes, draft FTM 1.50 322.50 affidavit and confer with D. Gerash regarding accuracy and background 9/5/08 Telephone call to D. Carr and FTM .50 107.50 begin draft of affidavit 9/5/08 Confer with D. Carr regarding FTM .40 86.00 status of case and affidavit 9/5/08 Begin draft of reply in support of FTM 2.0 430.00 motion to strike counsel as witness 9/8/08 Review correspondence and FTM .20 43.00 affidavit from D. Gerash 9/8/08 Final edit of reply in support of FTM 1.40 301.00 motion to strike 9/10/08 Analysis of defendant's exhibits CS .20 15.00 and reply to motion for protective order and to strike plaintiff's endorsement of Frederick T. Martinez 10/16/08 Analysis of plaintiff's motion for CS .50 7.50 leave of court to file surresponse (.10) 02/10/09 Analysis of the Court's order FTM .30 64.50 regarding attorney's fees and striking as witness 3/02/09 Analysis of court order regarding FTM .30 64.50 attorneys fees and calculation of same as relates to motion for sanctions 3/02/09 Confer with opposing counsel FTM .30 64.50 regarding status of case and conference regarding attorney's fees 3/02/09 Analysis of correspondence from FTM .10 21.50 J. Hennelly regarding pursuit of attorney's fees 3/03/09 Analysis of Plaintiff's Objection FTM .30 64.50 to award of attorney's fees 3/03/09 Draft Response in support of FTM .40 86.00 award of attorney's fees 3/04/09 Coordinated efforts regarding CS .20 15.00 plaintiff's objection to magistrate's order and response to same 3/13/09 Receive and review court order CS .70 52.50 overruling plaintiff's appeal of magistrate judge decision in preparation for summary of attorneys fees incurred (.50); coordinated efforts re same (.20) 3/16/09 Review billing for total costs FTM .30 64.50 associated with protective order affirmed by the District Court 3/16/09 Work on accounting of attorneys CS 1.6 120.00 fees related to motion for protective order pursuant to court order (1.2); letter to opposing counsel regarding same (.20); coordinated efforts regarding preparation of accounting (.20) 03/31/09 Confer with opposing counsel FTM .10 21.50 regarding status of whether they agree to fees or not. Opposing counsel not able to commit at this moment. 3/31/09 Coordinated efforts regarding CS 2.1 157.50 stipulated accounting of attorneys fees pursuant to court order (.10); draft accounting pleading in preparation of submission to court (.40); work on detailed accounting to accompany pleading to court (1.5); email proposed accounting to opposing counsel (.10) 4/1/09 Edit draft of motion for FTM .2 43.00 attorney's fees and costs 4/1/09 Trade voice mail FTM .1 21.50 communications with opposing counsel's staff regarding duty to confer regarding fees and their need for extension of time to respond 4/1/09 Coordinated efforts regarding CS .4 30.00 accounting of attorneys fees pursuant to court order (.30); revisions to accounting and exhibits regarding same (1.0). Plaintiff shall pay Defendants the awarded amount of $3,837.00 no later than April 20, 2009.