Abraham v. Leigh

Background

Robyn Abraham brought claims involving an alleged agreement with Mitch Leigh concerning production rights for a revival of Man of La Mancha. Abby Leigh, acting as executrix of Mitch Leigh’s estate, was a defendant.

During discovery, Abraham produced 33 email documents in PDF form without metadata or corresponding native-format files. Other parties questioned the documents’ authenticity. Abraham offered several explanations for the missing or inconsistent electronic records, including problems with GoDaddy servers, damage to a laptop, unusual email practices, and possible deletion or recall of emails.

After an evidentiary hearing on October 22, 2019, the court found that the documents had been altered by Abraham and that she had given perjured testimony about them. The court excluded all 33 documents from evidence, allowed questioning about the perjury finding, and ordered Abraham to pay Leigh’s reasonable attorneys’ fees and costs caused by the documents. The sanctions were imposed under Federal Rule of Civil Procedure 37 and the court’s inherent power to manage the case.

Fee application and objections

Leigh requested $54,654.50 in attorneys’ fees and $637.10 in costs. The requested fees covered work such as investigating the documents, reviewing electronic information, consulting forensic experts, preparing and litigating the sanctions motion, and preparing the fee application. The requested costs were transportation expenses related to the sanctions hearing.

Abraham argued that Leigh should not receive fees because the sanctions motion had initially been brought by other defendants who later withdrew their motion, and because Leigh’s own conduct allegedly involved document destruction. Abraham also suggested that cyberattacks or other explanations could account for the email problems. The court rejected these arguments and stated that Leigh independently had the right to seek sanctions and that Abraham had not shown a reason to reconsider the earlier sanctions decision.

Legal standard

Under Rule 37, a court may issue orders and require payment of reasonable expenses when a party fails to obey discovery obligations. The court may also impose sanctions under its inherent authority when a party acts in bad faith or otherwise abuses the judicial process.

The court calculated the presumptively reasonable fee by reviewing the hourly rates and hours worked. It considered the rates that would be paid in the Southern District of New York, the professionals’ experience and responsibilities, the nature of the work, and whether the hours were excessive or unnecessary.

Ruling

Judge Katherine Polk Failla found that Leigh’s requested hours were reasonable and did not disallow any individual time entries or impose an across-the-board reduction. The court reduced certain hourly rates: H. Robert Fiebach’s rate from $870 to $725 per hour, Harper Seldin’s rate from $365 to $325 per hour, and the technological-support rate to $250 per hour. The court approved the requested rates for Michael J. Broadbent and Gailmarie Rizzo.

The court awarded Leigh $52,507.50 in attorneys’ fees and $637.10 in costs. It ordered Abraham to pay those amounts to Leigh, through her attorneys, within 30 days. The Clerk of Court was directed to terminate the fee motion and another motion that the court said had already been resolved.