Kister v. District of Columbia

229 F.R.D. 326, 62 Fed. R. Serv. 3d 663, 2005 U.S. Dist. LEXIS 16674, 2005 WL 1941301
CourtDistrict Court, District of Columbia
DecidedAugust 15, 2005
DocketNo. CIV.A.01-00807(RBW)
StatusPublished
Cited by14 cases

This text of 229 F.R.D. 326 (Kister v. District of Columbia) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kister v. District of Columbia, 229 F.R.D. 326, 62 Fed. R. Serv. 3d 663, 2005 U.S. Dist. LEXIS 16674, 2005 WL 1941301 (D.D.C. 2005).

Opinion

MEMORANDUM OPINION

WALTON, District Judge.

Currently before the Court is the plaintiffs Bill of Costs [D.E. # 44] and the Defendants’ Reply to Plaintiffs Bill of Costs.1 Upon consideration of the parties’ submissions, the Court concludes that the plaintiff is entitled to reasonable costs in the amount of $5,196.54.

I. Background

The plaintiff, Chad Kister, brought this action based on allegations that he was assaulted and battered by members of the Metropolitan Police Department (“MPD”) while he was protesting the activities of the World Bank and the International Monetary Fund in a demonstration on April 16, 2000, at 15th Street and Pennsylvania Avenue in Northwest Washington, D.C. The Parties’ Joint Statement For The Court (“Joint Statement”) at 1. The plaintiff sought compensatory and punitive damages for violations of his civil rights under 42 U.S.C. § 1983 (2000), conspiracy, assault, battery, negligence, negligent training and supervision, and intentional infliction of emotional distress. See Verified Complaint (“Compl.”) at 5-13. However, the Court subsequently dismissed the three claims for violations of 42 U.S.C. § 1983, the conspiracy, and the negligent training and supervision claim, as well as the punitive damages demand associated with the remaining claims that survived the defendants’ motion for partial summary judgment. See Order Granting Defendants’ Motion for Partial Summary Judgment dated April 28, 2004.

Discovery commenced on July 3, 2001, and the plaintiff filed two sets of requests for the production of documents. Plaintiffs Amended Motion to Compel (“Mot. to Compel”) at [328]*3283-5. The plaintiff subsequently filed a motion to compel discovery, claiming that fifteen of the requested documents were improperly withheld by the defendants and requested that this Court both compel the defendants to produce the documents and impose sanctions against the defendants, pursuant to Federal Rule of Civil Procedure 37(a)(4)(C). Mot. to Compel at 2-14. Specifically, the plaintiff sought as sanctions an award of the costs and attorney’s fees occasioned by the defendants’ failure to provide the requested discovery. Id. at 14. In response to the plaintiffs February 13, 2002 motion to compel, the defendants responded to twelve of the fifteen requests made by the plaintiff in his first and second requests for the production of documents, albeit in the form of exhibits attached to their opposition. Plaintiffs Reply to Defendants’ Opposition to Plaintiffs Amended Motion to Compel at 1. Having produced most of the documents at that time, the Court issued an order with respect to the remaining three requests for (1) the photographs of the two platoons of officers, (2) a copy of the police officer training videotape concerning crowd control, and (3) the defendant’s Operational Plan. See Order dated April 8, 2002. This order required the defendants to produce the photographs of the two platoons of police officers to the plaintiff and to provide the Court with a copy of the police officer training videotape concerning crowd control for the Court’s in camera review. Id. The Court also ordered both parties to submit pleadings to this Court regarding their respective legal positions as to why the police officer training videotape and the Operational Plan should or should not be produced to the plaintiff. Id.

After considering the submissions of both parties, the Court denied the plaintiffs request for the “CDU Formations” videotape with the condition that “the defendants stipulate that the videotape depicts the wedge formation.” See Order dated May 6, 2002. In addition, the Court ordered the defendants to produce to the plaintiff the material specified by the Court on pages four and five of the MPD’s Operational Plan, as well as the material specified by the Court on page 138 of the Operational Plan, provided that the MPD’s ERT unit was present or responded to the location of the incident in this case. Id. Moreover, the Court ordered the plaintiff to submit a Bill of Costs to the Court and the defendants detailing his costs incurred in filing the motion to compel. Id.

In the memorandum opinion supporting its order, the Court found “that defendants had a good faith basis for objecting to the production of their videotape and Operational Plan and should not be sanctioned as to the failure to produce those items .... ” Memorandum Opinion dated May 6, 2002. Nevertheless, the Court found “that defendants may be liable to plaintiff, in part, for his costs that were incurred in filing the ... motion [to compel], which was necessitated by defendants’ failure to produce any evidence prior to the filing of plaintiffs motion.” Memorandum Opinion dated May 6, 2002 at 4 n. 4. Accordingly, the plaintiff submitted his Bill of Costs pursuant to the Court’s order and in support of its request for the Court to impose sanctions against the defendants pursuant to Federal Rule of Civil Procedure 37(a)(4)(C).

II. Standard of Review

Rule 54(d)(2)(B) of the Federal Rules of Civil Procedure requires a plaintiff who is requesting attorney’s fees and costs to “specify the judgment and the statute, rule, or other grounds entitling the moving party to the award[, as well as] the amount or ... a fair estimate of the amount [being] sought.” Fed.R.Civ.P. 52(d)(2)(B). Here, the plaintiff seeks an award of attorney’s fees pursuant to Federal Rule of Civil Procedure 37(a)(4)(C). Mot. to Compel at 14-15. In determining whether to impose sanctions against a party that opposed a motion to compel which is granted in part and denied in part, the language of Rule 37(a)(4)(C) provides, in relevant part, that “the court ... may, after affording an opportunity to be heard, apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.” Fed.R.Civ.P. 37(a)(4)(C). A party has received an adequate opportunity to be heard within the meaning of Rule 37(a)(4)(A) if “the respondent provides explanation for its actions or inactions” after the movant specifically re[329]*329quests an award of costs and expenses incurred in filing a motion to compel.2 Alexander v. FBI, 186 F.R.D. 78, 98 (D.D.C.1998) (“Alexander I”). Here, the Court has afforded the defendants an opportunity to be heard through written memoranda.

Courts have interpreted Rule 37(a) in a manner that permits denial of the apportionment of “expenses if it makes a finding of substantial justification as to any party’s position or if ‘other circumstances make an award of expenses unjust.’ ” Lohrenz v. Donnelly, 187 F.R.D. 1, 10 (D.D.C.1999) (quoting Fed.R.Civ.P.

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Bluebook (online)
229 F.R.D. 326, 62 Fed. R. Serv. 3d 663, 2005 U.S. Dist. LEXIS 16674, 2005 WL 1941301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kister-v-district-of-columbia-dcd-2005.