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Donegan v. Jackson3/4/2005
laimed hours were spent in reviewing Mr. Carroll's most recent privilege logs, cross-referencing these against previous logs, and cross-referencing them against documents produced by Mr. Carroll. Notably, Mr. Carroll's attorney observed that Ms. Harrington would have been required to review the documents and the log anyway and, thus, that these expenses were not incurred as a result of his discovery abuses.
Despite Ms. Harrington's obligation to review the documents produced as well as the privilege log, Mr. Carroll's conduct required Ms. Harrington to conduct a specific review of the documents for the purpose of preparing for the motion. Further, Mr. Carroll's failure to initially comply as well his submission of numerous and inadequate logs necessitated much more time and attention to the task; Ms. Harrington had to review several privilege logs and documents produced only in increments - and only when Mr. Carroll was faced with one of Plaintiff's motions to compel or one of the hearings on this matter - without the benefit of assuming that opposing counsel was fully cooperating in a good faith attempt to comply with the discovery rules. Mr. Carroll should not benefit from these additional burdens which he placed upon Ms. Harrington's task and Plaintiff should not incur the expenses thereof.
Conclusion
For the foregoing reasons, the Court finds that an award of expenses, including attorney's fees, pursuant to S.Ct. R. Civ. P. 11, 37(a)(4)(A) and 26(f) is just. Plaintiff has met her burden of proving that the 24.8 hours claimed are actual, non-duplicative, and reasonable. Schiff, 684 A.2d at 1131. This Court thus grants Plaintiff's Motion and assesses sanctions against Mr. Carroll, personally, in the amount of $4,340.00, representing 24.8 hours of attorney's fees and $132.00 for transcripts submitted in support of the motion for sanctions.
Mr. Carroll is ordered to pay the aforesaid fees and costs within 30 days and to provide the Court with an affidavit of compliance upon making such payment.
Mr. Carroll is further ordered to deliver a copy of this decision to his clients in this case, their risk managers and insurers within 30 days and to provide the Court with an affidavit of compliance upon doing same.
Counsel shall prepare an appropriate order for entry.
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