Fumiko Iwasaki v. Breeze Aviation Group Inc.

Summary

The United States District Court for the District of Utah partially grants Breeze Aviation Group Inc.'s motion for attorney fees incurred in connection with discovery motions concerning David Neeleman's deposition. Applying Federal Rule of Civil Procedure 37, the court reduces the requested $14,108.50 by $1,705.75 and awards Breeze $12,402.75.

Holdings

1. Attorney fees may be awarded under Federal Rule of Civil Procedure 37(a)(5)(A) when the requested discovery is provided or a deposition is withdrawn after the discovery motion has been filed, even if the discovery motion is not ultimately granted.
2. Breeze was entitled to reasonable attorney fees, but the amounts attributed to its short-form discovery motion and motion for leave were unreasonable and had to be reduced by one-half.

Questions Presented

1. Whether attorney fees may be awarded under Federal Rule of Civil Procedure 37 when the requested discovery is provided or a deposition is withdrawn after the discovery motion is filed.
2. Whether the amount of attorney fees requested by Breeze was reasonable.

Disposition

other