W.E. Green v. Baca

225 F.R.D. 612, 60 Fed. R. Serv. 3d 1022, 2005 U.S. Dist. LEXIS 2805
CourtDistrict Court, C.D. California
DecidedJanuary 25, 2005
DocketNo. CV02-04744 MMM(MANX)
StatusPublished
Cited by6 cases

This text of 225 F.R.D. 612 (W.E. Green v. Baca) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
W.E. Green v. Baca, 225 F.R.D. 612, 60 Fed. R. Serv. 3d 1022, 2005 U.S. Dist. LEXIS 2805 (C.D. Cal. 2005).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING REASONABLE ATTORNEYS’ FEES AND COSTS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 37(A)(4)

NAGLE, United States Magistrate Judge.

Before the Court is the question of whether an award of reasonable fees and costs should issue against defendant Los Angeles County.

Rule 37(a)(4)(A) of the Federal Rules of Civil Procedure provides, in relevant part:

If the motion is granted or if the disclosure or requested discovery is provided after the motion was filed, the court shall, after affording an opportunity to be heard, require the party ... whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in making the motion, including attorney’s fees, unless the court finds that the motion was filed without the movant’s first making a good faith effort to obtain the disclosure or discovery without court action, or that the opposing party’s nondisclosure, response, or objection was substantially justified, or that other circumstances make an award of expenses unjust.

In this case, plaintiffs efforts to obtain discovery regarding the over-detention of inmates in the Los Angeles County (“County”) jail system were unduly complicated and extraordinarily delayed by the failure of the County and/or its counsel to investigate promptly and effectively the records available, both in hard-copy and computer-based formats, regarding such over-detentions. From August 26, 2003, the date of the first hearing on plaintiffs motion to compel the production of information concerning over-detentions, through May 19, 2004, the Court and plaintiffs counsel were never specifically apprised of the availability of computer-based records regarding over-detentions, despite extensive questioning by the Court and Court orders that declarations be provided regarding the availability of such documents and the burden associated with their production. During this prolonged period, this Court held numerous hearings concerning plaintiffs motion, i.e., on August 26, 2003, September 30, 2003, October 2, 2003, October 20, 2003, February 18, 2004, June 30, 2004, and August 3, 2004, and issued several additional minute orders related to this dispute, ie., minute orders dated August 29, 2003, September 3, 2003, December 29, 2003, May 19, 2004, and May 28, 2004. Additional proceedings regarding this discovery dispute were conducted before United States District Judge Margaret M. Morrow.

[614]*614Notwithstanding these extensive proceedings, the Court first became aware of the availability of highly-relevant, computer-based records regarding over-detentions in reviewing documents produced for in camera review, because four computer-generated documents were scattered among the 11,704 documents delivered to the Court. By order dated May 19, 2004, the Court raised the issue of whether sanctions should be assessed against the County and/or its counsel based on the failure to reveal the availability of, and to produce, computer-generated records regarding over-detentions. After directing counsel to brief the sanctions issue and conducting a hearing regarding this issue, the Court took the matter under submission. Having carefully considered the arguments, briefing, declarations, and billing records submitted by plaintiff and defendant County, the Court now enters this order awarding reasonable attorneys’ fees and costs to plaintiff in the amount of $54,375.

The Court agrees with defense counsel that the discovery propounded by plaintiff was over-broad and plaintiff’s counsel did not make a reasonable and good faith effort to meet and confer to narrow and focus the discovery requests appropriately and secure the production of relevant information and documents regarding over-detentions. However, given the history of the Court’s efforts to resolve this discovery dispute, it is clear that, even if plaintiffs counsel had acted entirely reasonably and in the utmost good faith, the production of relevant documents would not have occurred without court intervention. Accordingly, the Court concludes that the County’s efforts to avoid sanctions based on the asserted shortcomings of plaintiffs counsel’s discovery efforts is misguided and unavailing.

The fundamental problem, which resulted in protracted proceedings regarding plaintiffs motion to compel, was the County’s lack of awareness of what information existed regarding over-detentions and the alleged bureaucratic quagmire encountered by the County’s counsel in their efforts to ferret out such relevant information. Given the prior litigation regarding over-detentions in which the County has been named as a defendant, it is shocking to this Court that the County apparently does not have an accountable official charged with carefully monitoring the over-detention of prisoners and ameliorating this problem in the County jail system. Yet, based upon the numerous declarations submitted by and on behalf of the County, it appears that either there is no such accountable “point person” with full knowledge of the County’s methods for tracking over-detentions or counsel for the County did a very poor job in conducting a reasonable and diligent search to determine the existence of records regarding over-detentions. In either event, the quest for relevant documents regarding over-detentions was painstaking and slow as a consequence of the ineptitude of the County or its counsel.

The Court concludes that the County’s failure to provide relevant information and/or documents regarding over-detentions in response to plaintiffs discovery requests, and specifically to ascertain the existence of readily-accessible computer-based information regarding over-detentions, for a period of months was not “substantially justified” and “necessitated the motion” to compel and follow-up proceedings that ultimately resulted in the identification and production of relevant, responsive documents. Fed. R. Civ. Proc. 37(a)(4)(A). Rule 37(a)(4)(A) does not require a finding of “bad faith” as a prerequisite to an award of “reasonable expenses” to the moving party. Id.; Marquis v. Chrysler Corp., 577 F.2d 624, 641-42 (9th Cir.1978). Accordingly, it is appropriate to require the County to pay plaintiff “the reasonable expenses incurred in making the motion, including attorney’s fees.” Fed. R. Civ. Proc. 37(a)(4)(A).

The calculation of the amount of a “reasonable attorney’s fee” is not a precise science. It involves analysis of numerous factors, including, but not limited to: the number of hours “ ‘reasonably expended’ ” by counsel; the propriety of the hourly rate requested by counsel, given the skill and experience of counsel and the level of sophistication required for the legal services at issue; whether counsel has made a “good faith effort to exclude from [the] fee request hours that are excessive, redundant, or otherwise unnecessary”; and the “level of success” obtained through counsel’s efforts. [615]*615Hensley v. Eckerhart, 461 U.S. 424, 433-35, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983); Jordan v. Multnomah County, 815 F.2d 1258, 1262-63 (9th Cir.1987).

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Bluebook (online)
225 F.R.D. 612, 60 Fed. R. Serv. 3d 1022, 2005 U.S. Dist. LEXIS 2805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/we-green-v-baca-cacd-2005.