IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 27, 2012
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NONPROFIT CORPORATION, PLAINTIFF,
SPECIALIZED PARTS PLANET, INC., A CALIFORNIA CORPORATION, KERMIT GILMORE, AN INDIVIDUAL, AND GALEN BAKER, AN INDIVIDUAL, DEFENDANTS.
This matter came before the court on September 14, 2012, for hearing of plaintiff's motion to compel production of documents and responses to interrogatories. Erik Roper, Esq. appeared for plaintiff California Sportfishing Protection Alliance. There was no appearance on or behalf of defendant Specialized Parts Planet, Inc.*fn1
On September 17, 2012, the court issued an order granting plaintiff's May 9, 2012 motion to compel production of documents and responses to interrogatories, granting plaintiff's request for reasonable expenses, including attorneys' fees, and ordering plaintiff to file a declaration in support of its request for reasonable expenses, including attorneys' fees, by close of business September 19, 2012. (Doc. No. 24.) Plaintiff filed its declaration on September 19, 2012. (Doc. No. 25.)
Having reviewed plaintiff's declaration, and for the reasons stated on the record, IT IS ORDERED THAT defendant and its attorney shall reimburse plaintiff's counsel in the amount of $8,179.60 for reasonable expenses, including attorneys' fees, within twenty-one days of the date of this order.*fn2 See Fed. R. Civ. P. 37(d)(3) ("[T]he court must require the party failing to act, the attorney advising that party, or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the failure was substantially justified or other circumstances make an award of expenses unjust.").