United States District Court, D. Nevada
FOLEY, JR. United States Magistrate Judge.
matter is before the Court on Non-Party Weil & Drage,
APC's Memorandum of Reasonable Attorneys' Fees and
Costs Pursuant to Court Order (ECF No. 195), filed June 18,
2019. Defendants Michael H. Ponder and Lezlie Gunn filed
their Response (ECF No. 196) on June 27, 2019. No. reply has
case arises from a dispute regarding the transfer of real
property. Specifically, the Complaint (ECF No. 1) alleges
claims for breach of fiduciary duty, constructive fraud,
civil conspiracy, unjust enrichment and requests the property
be placed in a construct trust. Id. On April 24,
2019 Defendants' filed their Motion to Compel Production
of Documents Responsive to Subpoenas Duces Tecum from
Non-Parties Weil & Drage and Christine E. Drage
(“Non-Parties”). See Motion ECF No. 175.
The Court issued its Order, denying, Defendants' Motion
to Compel. See ECF No. 194. The Court awarded
Non-Parties reasonable costs and attorney's fees incurred
in responding to Defendants' motion to compel and in
pursuing its motion to quash subpoena. Id. The Court
instructed Non-Parties to file their application for
attorney's fees by June 18, 2019 with Defendants'
response due July 2, 2019. . . .
Supreme Court has held that reasonable attorney fees must
“be calculated according to the prevailing market rates
in the relevant community, ” considering the fees
charged by “lawyers of reasonably comparable skill,
experience, and reputation.” Blum v. Stenson,
465 U.S. 886, 895-96 n. 11, 104 S.Ct. 1541 (1984). Courts
typically use a two-step process when determining fee awards.
Fischer v. SJB-P.D. Inc., 214 F.3d 1115, 1119 (9th
Cir. 2000). First, the Court must calculate the lodestar
amount “by taking the number of hours reasonably
expended on the litigation and multiplying it by a reasonable
hourly rate.” Id. Furthermore, other factors
should be taken into consideration such as special skill,
experience of counsel, and the results obtained. Morales
v. City of San Rafael, 96 F.3d 359, 364 n. 9 (9th Cir.
1996). “The party seeking an award of fees should
submit evidence supporting the hours worked and rates claimed
. . . [w]here the documentation of hours is inadequate, the
district court may reduce the award accordingly.”
Hensley v. Eckerhart, 461 U.S. 424, 433 (1983).
Second, the Court “may adjust the lodestar, [only on
rare and exceptional occasions], upward or downward using a
multiplier based on factors not subsumed in the initial
calculation of the lodestar.” Van Gerwen v.
Guarantee Mut. Life Co., 214 F.3d 1041, 1045 (9th Cir.
requests attorneys' fees in the amount of $16,
864.25 for work performed in preparing their
response and motion to quash. The amount is based on work
performed by Jason M. Wiley, Esq., at an hourly rate of $450.
Defendants argue Non-Parties request for fees should be
limited because its fees were largely excessive for time
spent preparing and submitting two briefs. Defendants also
contend that Non-Parties should not be permitted to seek fees
and costs for work done prior to the filing of its motion to
reviewing Non-Parties counsel's affidavit, the Court
finds that Non-Parties counsel has provided sufficient
evidence showing that their hourly rate is reasonable.
However, after reviewing its itemized billing entries, the
Court finds that the 37.47 hours of attorney labor is
excessive. The Court finds that the hours involved in
preparing Non-Parties' response to the motion to compel,
motion to quash and for labor related to such motion should
take no more than 22.2 hours of attorney labor. As a result,
the Court will award reasonable attorney's fees to
Plaintiff in the amount of $10, 000.00. Accordingly,
IT IS HEREBY ORDERED that Defendants must
pay the amount of $10, 000.00 to Non-Parties Weil & Drage
and Christine Drage by no later than August 19,
2019 unless an objection is filed.
 Counsel avers that it provided legal
services to both Weil & Drage and Christine Drage,
individually and therefore seeks recovery of all fees
incurred solely by Weil & Drage from March 20, 2019
through April 2, 2019, but only one-half of the fees incurred
in defense of Weil & Drage and Christine Drage from April
2, 2019 through June 4, 2019. Counsel also seeks as all ...