Velasquez v. Kiner's Corner LLC

Background

The court had earlier granted Ricardo Velasquez's motion for sanctions and ordered him to file an affidavit listing fees and expenses associated with a failed deposition and later motions to compel. Velasquez's counsel submitted an affidavit requesting $10,272.56.

The request included 14 hours of attorney work for deposition preparation, taking the deposition, and preparing the motion to compel and reply papers, billed at $575 per hour. It also included $210.06 for deposition-reporter and transcription costs. Counsel additionally requested payment for 3.5 hours spent reviewing the earlier sanctions order, communicating about rescheduling the deposition of George Papadopoulos, and preparing the fee affidavit.

The defendants opposed the request and argued that the fees and expenses were unreasonable, including that counsel had not shown that a $575 hourly rate was justified.

Court’s analysis

The court explained that calculating reasonable attorney fees is a factual matter within the district court's discretion. It used the standard of multiplying the reasonable hours worked by a reasonable hourly rate.

The court found that the 14 hours billed at $575 per hour were appropriate and reasonable in connection with the failed deposition and the later motions to compel. It also found the $210.06 in deposition-reporting and transcription expenses reasonable.

The court excluded the additional 3.5 hours. It concluded that those hours were spent on tasks after the February 22, 2022 sanctions order and were not reasonably connected to the deposition and motions to compel for which sanctions had been awarded.

Disposition

Judge McMahon awarded Velasquez $8,260.06 in attorney fees and expenses. The Clerk was directed to enter judgment accordingly. This was an ancillary fee award rather than a decision on the underlying claims.