Commission Upholds Attorneys' Fees Award But Reduces the Amount Awarded Because of Insufficiently Explained Mixed Entry Bills
The Commission agreed that Magotteaux was entitled to attorney’s fees as a result of the defaulting Respondents failure to provide discovery during the investigation (a tactic that led to a finding of default and entry of a limited exclusion order). The Commission held that, under Commission Rule 210.33(c), Magotteaux may only recover those attorney’s fees incurred as a result of the defaulting Respondents failure to comply with an order to permit or provide discovery. The only actions Magotteaux took in response to the defaulting Respondents failure to provide discovery related to the default motions filed by the Investigative Attorney and Magotteaux. As a result, Magotteaux could only recover attorney’s fees for such activities. The Commission reduced the award sought by Magotteaux because (1) certain activities in the submitted billing records occurred before the relevant discovery order and (2) Magotteaux failed to carry its burden to show what portion of the mixed billing entries should properly be apportioned to the default motions. (PDF)
