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Harris v. The Bank of Delmarva

United States District Court, D. Maryland

April 23, 2015

JUDY HARRIS, Plaintiff,
v.
THE BANK OF DELMARVA, Defendant

MEMORANDUM AND ORDER RE: SANCTIONS AWARD

MARVIN J. GARBIS, District Judge.

The Court has before it Defendant The Bank of Delmarva's Motion for Sanctions [Document 10] and the parties' filings relating to Defendant's Statement of Fees [Documents 18, 19, 20]. The Court finds no further hearing necessary.

In the Memorandum and Order Re: Sanctions [Document 17] the Court stated:

1. Defendant The Bank of Delmarva's Motion for Sanctions [Document 10] is GRANTED.
2. Defendant shall, by March 24, 2015 file a statement of the legal fees incurred for counsel's preparation for, and participation in, the summary judgment motion hearing.
3. Plaintiff's counsel shall file any response to Defendant's statement of legal fees by April 7, 2015.

Defendant filed an Itemization of Fees [Document 18-2], seeking an award of $6, 953.83 for 15.3 professional hours of defense counsel's time at the rate of $454.50[1] per hour. Plaintiff's counsel objects to the rate and to several of the time charges.

I. DISCUSSION

A. Hourly Rate

The Court finds that the hourly rate charged by Defendant's counsel is reasonable for use in determining the instant award. The hourly rate is what was, in fact, charged to the client and is within the Court's general guideline range for an attorney of defense counsel's experience. Appendix B (Rules and Guidelines for Determinin Attorneys' Fees in Certain Cases) to Local Rules of the United States District Court for the District of Maryland (July 2014).

B. Professional Time Charged

1. 12/05/14 to 12/23/14 (0.5 hours awarded)

The Court will not require reimbursement for the professional time expended in this period, with the exception of half of the one hour devoted to "begin preparation for hearing." The rest of time was devoted to time that defense counsel would have spent even if the hearing had related solely to the sanctions motion. The Court agrees with Plaintiff's counsel that it should not award fees for the sanctions motion itself. The Court agrees with Defendant, however, that the sanctions award was based upon the absence of any nonfrivolous ...


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