United States v. McLean

Background

In an earlier order, the court determined that the United States should receive reasonable attorney fees and costs associated with bringing its second motion to compel discovery responses. The court directed the United States to submit a lawyer’s sworn statement describing the expenses and gave Jason McLean an opportunity to respond. McLean, who represented himself, did not file an objection.

The United States requested $836.33 for 4.75 hours of work at an hourly rate of $176.07. The work included correspondence with McLean and preparing and filing the second motion to compel.

Analysis

The court applied the lodestar method, which calculates a reasonable fee by multiplying the reasonable hours worked by a reasonable hourly rate. It found that the requested hourly rate was consistent with rates in the local legal market for similar work. It also found that the 4.75 hours were reasonably spent and were not excessive, duplicative, or unnecessary.

Ruling

The court awarded the United States $836.33 in reasonable attorney fees. Judge Tony N. Leung ordered McLean to pay that amount within 30 days of the order. The order also stated that prior consistent orders remained in effect and listed possible remedies for noncompliance, including costs, fines, additional attorney fees, evidentiary limits, striking pleadings, dismissal with prejudice, and default judgment.