Perkins
Perkins v. City of Modesto
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JASON B. PERKINS, Case No. 1:19-cv-00126-LJO-EPG
Plaintiff, ORDER AWARDING EXPENSES UNDER
F.R.C.P.
v. (ECF Nos. 57, 58, 59, 65) CITY OF MODESTO, et al.,
Defendants.
The Court previously granted Plaintiff’s motion for expenses, including attorney’s fees, incurred in bringing a motion to compel on which Plaintiff prevailed. (ECF No. 57.) In awarding expenses, the Court explicitly excluded from the award any expenses incurred in preparing and filing a non-compliant joint statement of discovery dispute. (Id. at 36 n.1, 40 n.3.) The Court directed Plaintiff to file a bill of costs and an accounting of attorneys’ fees. Plaintiff has filed his bill of costs and accounting (ECF No. 58) and Defendants have filed a response (ECF No. 59). After a hearing during which the Court questioned whether the attorneys’ fees sought by Plaintiff were “incurred in making the motion” to compel, as required under Federal Rule of Civil Procedure 37, Plaintiff filed a supplemental brief in support of his bill…