3D Systems, Inc. v. Wynne

CourtDistrict Court, S.D. California
DecidedJanuary 7, 2025
Docket3:21-cv-01141
StatusUnknown

This text of 3D Systems, Inc. v. Wynne (3D Systems, Inc. v. Wynne) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
3D Systems, Inc. v. Wynne, (S.D. Cal. 2025).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 3D SYSTEMS, INC., Case No.: 21-cv-1141-AGS-DDL

12 Plaintiff, ORDER GRANTING IN PART 13 v. PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND COSTS 14 BEN WYNNE, et al.,

15 Defendants. [Dkt. No. 614]

17 18 I. 19 INTRODUCTION 20 On August 21, 2024, the Court issued an Order granting in part plaintiff 3D Systems 21 Inc.’s motion for sanctions under Federal Rule of Civil Procedure 37(e). Dkt. No. 607. In 22 relevant part, the Court found that defendants Ben Wynne and Chris Tanner spoliated 23 evidence, that 3D Systems was prejudiced and that sanctions were warranted under Rule 24 37(e)(1). The Court further held that Wynne and Tanner must pay 3D Systems’s attorneys’ 25 fees and costs incurred in bringing the motion for sanctions and ordered further briefing on 26 the appropriate amount of fees and costs. Id. at 18. 27 3D Systems seeks $432,269.07 in attorneys’ fees and costs “for 588.4 hours incurred 28 in relation to its Motion.” Dkt. No. 614 at 15. Wynne and Tanner do not challenge 3D 1 Systems’s entitlement to recover fees and costs but contend the amounts sought are not 2 reasonable. Dkt. No. 615. As set forth below, the Court finds the hourly rates for 3D 3 Systems’s counsel are reasonable but that not all the time expended by each of the attorneys 4 handling this matter for 3D Systems should be included in the lodestar calculation. The 5 Court further concludes that only a portion of the costs incurred by 3D Systems are properly 6 recoverable. 7 II. 8 BACKGROUND 9 The Court assumes familiarity with the August 21 Order granting in part 3D 10 Systems’s motion for sanctions. In sum, the August 21 Order found that Wynne and 11 Tanner spoliated evidence by deleting “documents” and “elements” from an online 12 platform called OnShape and that sanctions were warranted under Rule 37(e)(1), but that 13 a jury should determine whether Wynne and Tanner deleted the OnShape documents and 14 elements with the intent to deprive 3D Systems of this information. 15 Given the finding that Wynne and Tanner should be sanctioned under Rule 37(e)(1), 16 the Court concluded that 3D Systems “is entitled to an award of reasonable attorneys’ fees 17 and costs that [it] incurred in preparing and arguing the sanctions motion only.” Porter v. 18 City & Cnty. of San Francisco, No. 16-CV-03771-CW(DMR), 2018 WL 4215602, at *5 19 (N.D. Cal. Sept. 5, 2018).1 The parties submitted briefing regarding an appropriate fee 20 award. Dkt. Nos. 614, 615, 620-1. 21 III. 22 DISCUSSION 23 A. Legal Standards 24 An award of attorneys’ fees must be reasonable. Hensley v. Eckerhart, 461 U.S. 25 424, 433 (1983). “Federal courts employ the ‘lodestar’ method to determine a reasonable 26 27 1 All citations and internal quotation marks are omitted, and emphasis and alterations 28 1 attorney’s fees award . . . .” Kelly v. Wengler, 822 F.3d 1085, 1099 (9th Cir. 2016). This 2 is a “two-step process.” Id. “First, a court calculates the lodestar figure by multiplying the 3 number of hours reasonably expended on a case by a reasonable hourly rate.” Id. “Second, 4 the court determines whether to modify the lodestar figure, upward or downward, based on 5 factors not subsumed in the lodestar figure.” Id. In determining whether to adjust the 6 lodestar figure, the Court considers the following: 7 (1) the time and labor required, (2) the novelty and difficulty of the questions involved, (3) the skill requisite to perform the legal service properly, (4) the 8 preclusion of other employment by the attorney due to acceptance of the case, 9 (5) the customary fee, (6) whether the fee is fixed or contingent, (7) time limitations imposed by the client or the circumstances, (8) the amount 10 involved and the results obtained, (9) the experience, reputation, and ability 11 of the attorneys, (10) the “undesirability” of the case, (11) the nature and length of the professional relationship with the client, and (12) awards in 12 similar cases. 13 14 Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 70 (9th Cir. 1975). 15 In conducting the loadstar analysis and considering the Kerr factors, the Court is 16 mindful that “the determination of fees should not result in a second major litigation.” Fox 17 v. Vice, 563 U.S. 826, 838 (2011). District courts “need not, and indeed should not, become 18 green-eyeshade accountants.” Id. “The essential goal in shifting fees (to either party) is to 19 do rough justice, not to achieve auditing perfection.” Id. 20 B. Reasonable Rates 21 1. Legal Requirements 22 “Fee applicants have the burden of producing evidence that their requested fees are 23 in line with those prevailing in the community for similar services by lawyers of reasonably 24 comparable skill, experience and reputation.” Chaudhry v. City of Los Angeles, 751 F.3d 25 1096, 1110 (9th Cir. 2014). “[T]he relevant community is the forum in which the district 26 court sits.” Id. “Affidavits of the plaintiffs’ attorneys and other attorneys regarding 27 prevailing fees in the community . . . are satisfactory evidence of the prevailing market 28 rate.” Id. “Once a fee applicant presents such evidence, the opposing party has a burden 1 of rebuttal that requires submission of evidence . . . challenging the accuracy and 2 reasonableness of the . . . facts asserted by the prevailing party in its submitted affidavits.” 3 Id. at 1110-11. 4 2. Analysis 5 3D Systems submits a declaration from its lead counsel, Emily Burkhardt Vicente, 6 describing the qualifications and experience of each attorney and paralegal who worked on 7 the sanctions motion and stating that their hourly rates “are commensurate with each 8 attorney’s seniority and experience and well within the range of the rates charged by 9 similarly qualified and experienced attorneys in other large firms in Southern California, 10 including San Diego.” Dkt. No. 614-1 at 4. Those current rates are2: 11 Name Position Hourly Rate 12 Emily Burkhardt Vicente Partner $830 13 Roland Juarez Partner $830 14 D. Andrew Quigley Counsel $685 15 Richard Cortez, Jr. Associate $505 16 Michael A. Pearlson Associate $475 17 Jesse D. Borja Associate $475 18 Brian Moon Paralegal $315 19 20 3D Systems further argues that its rates are within the range of reasonable fees under the 21 “Laffey Matrix” utilized in the District of Columbia. Id. Defendants respond that 22 counsel’s hourly rates are not reasonable in the Southern District of California and that the 23 Laffey Matrix applies specifically to the District of Columbia and is disfavored elsewhere. 24 Dkt. No. 615 at 6-11. 25

26 27 2 The hourly rates for certain attorneys changed over time. Dkt. No. 614 at 9 n.1. Although the Court assesses the reasonableness of the current hourly rates, fees will be 28 1 “Affidavits of the plaintiffs’ attorneys and other attorneys regarding prevailing fees 2 in the community are satisfactory evidence of the prevailing market rate.” Chaudhry, 3 751 F.3d at 1110. Here, counsel’s declaration states that her firm’s hourly rates are “within 4 the range” of rates “in Southern California, including San Diego.” Dkt. No. 614-1 at 4. 5 However, the declaration offers no specific evidence to support this assertion. Compare 6 Chaudhry, 751 F.3d at 1111 (plaintiffs “carried their initial burden” through expert 7 affidavits that “described plaintiffs’ counsel’s experience and skill, provided concrete 8 numbers for billing rates at numerous Los Angeles law firms, and compared those rates to 9 plaintiffs’ counsel’s rates”); United States v. $28,000.00 in U.S. Currency,

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606 F.3d 577 (Ninth Circuit, 2010)
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608 F.3d 446 (Ninth Circuit, 2010)
Fox v. Vice
131 S. Ct. 2205 (Supreme Court, 2011)
Martin Gonzalez, Sr. v. City of Maywood
729 F.3d 1196 (Ninth Circuit, 2013)
United States v. Ayala-Vazquez
751 F.3d 1 (First Circuit, 2014)
Victoria Ryan v. Editions Limited West, Inc.
786 F.3d 754 (Ninth Circuit, 2015)
Elouise Cobell v. Sally Jewell
802 F.3d 12 (D.C. Circuit, 2015)
United States v. $28,000.00 in U.S. Currency
802 F.3d 1100 (Ninth Circuit, 2015)
Joshua Kelly v. Timothy Wengler
822 F.3d 1085 (Ninth Circuit, 2016)
Kerr v. Screen Extras Guild, Inc.
526 F.2d 67 (Ninth Circuit, 1975)
Gates v. Deukmejian
987 F.2d 1392 (Ninth Circuit, 1992)

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3D Systems, Inc. v. Wynne, Counsel Stack Legal Research, https://law.counselstack.com/opinion/3d-systems-inc-v-wynne-casd-2025.