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Stevens v. General Cable Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 20, 2009

JEFF STEVENS, PLAINTIFF,
v.
GENERAL CABLE CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Murphy, District Judge

MEMORANDUM AND ORDER

Defendant General Cable Corporation has filed a motion for attorneys' fees, costs, and expenses (see Doc. 34) as directed by the Court in its February 27, 2009, Order dismissing this case with prejudice (see Doc. 32).

While the Court agrees that payment of reasonable expenses is justified (see Fed. R. Civ. P. 37(b)(2)(C) and (d)(3)), the amount sought by Defendant's counsel is unreasonably high. The motion to dismiss filed by Defendant is six pages long (seven, if you include the signature page). The Court fails to see how this could have required 9.9 hours of an attorney's time (see Doc. 34).*fn1 Similarly, the amount sought for "review, analysis and preparation of pleadings" and "preparation for and drafting of discovery" is unnecessarily inflated.

Defendant's motion for attorneys' fees, costs, and expenses (Doc. 34) is GRANTED in part and DENIED in part. After careful consideration, the Court finds that General Cable is entitled to $4,000.00, representing $2,000.00 for the preparation of pleadings and $2,000.00 for discovery. The Court further orders that this amount shall be paid by Plaintiff's attorney, not Plaintiff himself, as it is the duty of the attorney advising a party to respond to discovery and prosecute a case, not the party himself.

This sanction shall be paid to defense counsel within 30 days of this Order. In addition to the electronic distribution, the Clerk of Court shall mail a copy of this Order to Plaintiff's counsel, via certified mail, return-receipt requested.

IT IS SO ORDERED.

G. Patrick Murphy United States District Judge


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