R. L. Mlazgar Associates, Inc. v. HLI Solutions, Inc.; Litecontrol Corporation; Progress Lighting, Inc.

Summary

The court denied Plaintiff R. L. Mlazgar Associates, Inc.’s motion for attorneys’ fees arising from a discovery dispute. Because the court had granted the motion to compel in part and denied it in part, the court held that Federal Rule of Civil Procedure 37(a)(5)(C) governed and did not authorize an award of attorneys’ fees.

Holdings

1. Rule 37(a)(5)(C) governs a fee request when the motion to compel is granted in part and denied in part.
2. Attorneys’ fees are not recoverable as reasonable expenses under Rule 37(a)(5)(C).
3. The court may revise an interlocutory ruling under Rule 54(b) when it concludes that the ruling is clearly erroneous.

Questions Presented

1. Whether Federal Rule of Civil Procedure 37(a)(5)(A) or Rule 37(a)(5)(C) governed Mlazgar’s request for fees after its motion to compel was granted in part and denied in part.
2. Whether attorneys’ fees are recoverable as reasonable expenses under Rule 37(a)(5)(C).
3. Whether the court could revise its prior interlocutory direction applying Rule 37(a)(5)(A) under Rule 54(b).

Disposition

denied