BB Fly Trucking LLC v. Regions Bank

Summary

In this order on attorneys’ fees, the United States District Court for the Southern District of Texas awards BB Fly Trucking LLC $6,200 in fees related to its motion to compel, jointly and severally against Regions Bank and its outside counsel. The court also awards an additional $6,500 against Regions Bank’s outside counsel for violating a prior discovery order. The awards are imposed under Federal Rule of Civil Procedure 37, and payment is ordered by April 3, 2026.

Holdings

1. Under Rule 37(a)(5)(A), a prevailing party may recover reasonable fees incurred preparing and litigating a motion to compel, fees caused by the discovery failure that precipitated the motion, and reasonable time spent litigating the fee claim, but may not recover fees that would have been incurred even if motion practice had not been necessary.
2. BB Fly Trucking is entitled to $6,200.00 in reasonable attorneys' fees for its successful motion to compel.
3. Regions Bank and its outside counsel are jointly and severally liable for the $6,200.00 fee award related to the motion to compel.
4. BB Fly Trucking is entitled to $6,500.00 in reasonable attorneys' fees for its successful sanctions motion under Rule 37(b)(2)(A).
5. Regions Bank's outside counsel alone must pay the $6,500.00 fee award related to the sanctions motion.

Questions Presented

1. What amount of attorneys' fees was reasonable and necessary for BB Fly Trucking's successful motion to compel under Federal Rule of Civil Procedure 37(a)(5)(A)?
2. What amount of attorneys' fees was reasonable and necessary for BB Fly Trucking's successful sanctions motion under Federal Rule of Civil Procedure 37(b)(2)(A)?
3. Whether the fees related to the motion to compel should be imposed jointly and severally on Regions Bank and its outside counsel, and whether the sanctions-related fees should be imposed on outside counsel alone.

Disposition

other