Board of Trustees of the Teamsters Joint Council 32 - Employers Health and…

Background

On December 1, 2022, the court granted the Fund’s motion for contempt and found that H. Brooks and Company LLC’s contempt caused the Fund to incur expenses. The court determined that the Fund could recover a compensatory sanction—an amount designed to reimburse losses caused by the contempt—and directed the company to pay reasonable attorney’s fees and costs incurred in bringing the contempt motion.

On December 9, 2022, the Fund’s counsel, Jane Poole, submitted a declaration and supporting exhibits. She described work including legal research, research concerning service, communications with the court, preparation of filings and a memorandum of law, review of docket materials, correspondence with an attorney allegedly representing Jason Jaynes, and travel to and attendance at the hearing. Poole stated that her hourly rate was $230, that she had practiced law since 2010, and that the rate was comparable to rates charged by attorneys with similar experience and expertise in the relevant Minnesota areas.

Requested Fees and Costs

The Fund sought $3,243.00 in attorney’s fees and $273.80 in costs, for a total of $3,516.80. The billing records supported the claimed fees and costs.

Court’s Analysis

The court found that Poole’s hourly rate was reasonable. It also found that the tasks performed and hours claimed were reasonable and necessary to litigate the contempt motion, that the billing records supported the request, and that the requested amount reflected the reasonable fees and costs caused by H. Brooks and Company LLC’s civil contempt. The court further found that the sanction was no greater than necessary to compensate the Fund.

Disposition

Judge Katherine Menendez granted the Fund’s request and ordered Defendant H. Brooks and Company LLC to pay $3,516.80 to the Fund as compensation for attorney’s fees and expenses incurred in litigating the contempt motion. The order’s payment directive names H. Brooks and Company LLC.