Department of Toxic Substances Control v. Lisa Marie Rossi, an individual

Background

The plaintiff moved for attorney fees after filing five substantially similar motions to compel discovery. The court had previously found that the motions were well-taken and meritorious, while the defendants’ resistance to producing the requested information rested on boilerplate objections that were nonspecific, undeveloped, and unsupported by argument.

The plaintiff requested $16,335 in attorney fees and expenses, calculated using a $220 hourly rate and 74.25 hours of work. The claimed work included reviewing the defendants’ initial and amended discovery production, researching the motions to compel, coordinating with the defendants about the filings, and preparing supporting documents and exhibits. At oral argument, the defendants’ counsel did not dispute that an attorney-fee award was proper but argued that the amount was excessive because the five motions were substantially similar.

Court’s analysis

The court applied the method that calculates a fee award by multiplying the reasonable hours worked by a reasonable hourly rate. It found that $220 per hour was below prevailing rates in the Northern District of California for attorneys with experience and credentials comparable to the plaintiff’s counsel. The court therefore found the requested hourly rate reasonable.

The court accepted that the defendants had some basis for arguing that the letter briefs could have been prepared and filed in less time. Without reviewing every time entry in detail, the court reduced the requested award by 5%, or $816.75, to account for that possibility.

Disposition

Judge Robert M. Illman ordered the defendants to tender $15,518.25 in attorney fees to the plaintiff no later than two weeks from April 28, 2022. The opinion does not expressly state that the motion was granted or denied; it states the fee amount and enters the payment order.