Court Has Discretion In Awarding Fees For Discovery Violations
Ropak Corp. v. Plastican, Inc., No. 04 C 5422, 2007 WL 328880 (N.D. Ill. Jan. 30, 2007) (Valdez, Mag. J.).
Magistrate Judge Valdez awarded plaintiff certain of its fees related to motions to compel based upon the Court's August 15, 2006, order imposing Rule 37 discovery sanctions. The Court noted its "considerable discretion" before reducing the fees so that they only included fees directly related to the particular discovery motions at issue. The Court also removed entries for administrative tasks performed by attorneys that could have been performed by support staff. And finally the Court reduced the hourly rates of the attorneys because plaintiff did not justify its rates by providing the Court information regarding standard rates in the Northern District or any biographical information regarding the attorneys to support their rates based upon their respective experience levels. Practice tip: If you are preparing a motion for fees, this opinion is an excellent place to look for determining what information to include in your motion and how to support your rates.
