Magistrate Judge James Francis
In litigation arising from a 2008 fire the court found—on June 19, 2013—that Electrolux Home Products Inc. did not timely produce three categories of discovery responses. As a sanction the court awarded Oleg Cassini Inc. (OCI) attorney fees and costs incurred in seeking Electrolux's compliance with discovery. Based on time records submitted on June 25, the court awarded OCI—which had sought $7,215 in sanctions—$6,255 in attorney fees. While not challenging an experienced senior attorney's $450 hourly fee or an associate's $300 hourly fee, Electrolux objected to their combined 23.30 hours billed. The court deducted 3.20 hours spent reviewing Electrolux's untimely June 6, 2013, production. Citing Federal Rule of Civil Procedure 37(a)(5)(A) the court determined that because OCI would have needed to review the discovery even if it had not filed its sanctions motion, those fees were not "incurred in making the motion." In addition to finding OCI's time spent on June 10 drafting and filing its submission to be recoverable, the court found the fees charged for work on June 17 and 18—for reviewing and preparing a response to Electrolux's untimely opposition—properly included in the sanctions against Electrolux.
