Barbera v. Grailed, Inc

Background

The court had previously imposed discovery sanctions on Plaintiff Robert Barbera under Federal Rules of Civil Procedure 16(f), 37(c)(1), and 37(d)(1)(A). The earlier sanctions followed Barbera’s failure to timely respond to discovery requests, attend his October 11, 2024 deposition, and comply with a November 20, 2024 order requiring him to provide discovery responses, initial disclosures, and documents. The court also required him to attend an in-person deposition at his own expense and awarded Grailed, LLC reasonable attorney’s fees and costs connected to the discovery violations and related motions.

Grailed then moved for a fee award of $73,406.55, consisting of $65,309.25 in attorney’s fees and $8,097.30 in costs. Barbera opposed the motion and argued that lower hourly rates should apply.

Attorney’s Fees

The court used the lodestar method, which calculates fees by multiplying a reasonable hourly rate by a reasonable number of hours. It found the following hourly rates reasonable for Grailed’s attorneys and paralegal: $775 for Eleanor M. Lackman, $517.50 for Andrew Nietes, and $200 for Dalton Kniss. The court considered their experience, expertise, and work on the case. It rejected Barbera’s request for lower rates and also declined to use rates from a simpler case involving a default judgment.

The court reviewed Grailed’s time records and found that most of the billed work was appropriate, including research and drafting related to discovery motions, attendance at the deposition Barbera missed, and attendance by one attorney at Barbera’s March 2025 deposition. The court made one reduction: time spent preparing for depositions was not caused by Barbera’s violations because that preparation would have occurred anyway. The court therefore reduced the attorney’s-fee award by 7.5 percent.

Costs and Responsibility for Payment

The court found the requested $8,097.30 in costs adequately documented and reasonable. Those costs included $530 for the October deposition Barbera did not attend and an estimated $8,097.30 for the March 2025 deposition, including videographer and transcript expenses. The court noted that the actual costs appeared to total $8,627.30 but awarded only the amount Grailed requested.

Grailed asked that Barbera and his counsel be responsible for the award jointly and severally, meaning Grailed could seek the full amount from either of them. The court granted that request, finding that both Barbera and his counsel were responsible for the discovery violations.

Ruling

Judge Lewis J. Liman granted the motion in part. The court awarded Grailed, LLC $66,832.95, consisting of $58,735.65 in attorney’s fees and $8,097.30 in costs. Barbera and his counsel must pay the expenses within two weeks of the order, and proof of payment must be filed on the docket. The clerk was directed to close the fee motion.