Accettola v. He

Background

On July 1, 2024, the court ordered Plaintiff Hong Danielle Accettola to pay Defendants’ attorneys’ fees as a sanction for failing to appear at her noticed deposition on June 14, 2024. The earlier order covered fees and costs for preparing for and attending the canceled deposition and preparing the sanctions motion. This order determined the amount of the award.

Fee calculation

The court explained that attorneys’ fees generally are calculated using the “lodestar”: a reasonable hourly rate multiplied by a reasonable number of hours. The party requesting fees must provide enough information to show that both the rate and the hours are reasonable. The court may exclude time that is excessive, repetitive, or unnecessary.

Defendants provided only that their attorney was “Of Counsel.” Based on the limited information, the court found that $300 per hour was reasonable for the attorney and that $115 per hour was appropriate for the paralegal. The attorney billed 5.5 hours related to the deposition on June 13, 2024, 3.9 hours on the deposition date, and 2.9 hours preparing and filing the sanctions motion. The court awarded $3,690 for the attorney’s time.

The court also found that 2.5 hours billed by the legal assistant were reasonable, totaling $287.50. It stated that it did not intend to award fees for work that would benefit a rescheduled deposition. The court further found that Defendants had not substantiated that their claimed costs were related to the canceled deposition.

Disposition

The court ordered Accettola to pay Defendants $3,977.50 within 30 days of the order’s date and to file proof of payment with the court. The clerk was directed to close the motion at Dkt. No. 58.