Friday, June 6, 2014

Counsel’s Billing Statements Supporting Motion for Attorneys’ Fees are Not Privileged and Not Subject to Being Sealed

The court denied plaintiff's motion to file under seal an affidavit in support of plaintiff's motion for attorneys' fees. "Plaintiffs contend that 'the fees charged for each attorney as well as information contained in the time entries are confidential and private financial information of Plaintiffs and Plaintiffs’ counsel and is not publicly available information.' . . . Plaintiffs have not cited the Court to any basis for finding that the rates charged by Plaintiffs’ counsel are privileged, especially where the Plaintiffs move the Court to award fees in Plaintiffs’ favor based upon these rates. . . . To the extent the Plaintiffs argue that the descriptions contained in the billing entries are protected by the attorney-client privilege or work-product doctrine, the Court finds that the Plaintiffs have failed to cite any specific entry that contains privileged information, and thus, the Court cannot undertake a meaningful review of whether specific entries are protected."

Radio Systems Corporation et al v. Eco Pet Solutions, Inc., 3-13-cv-00385 (TNED June 4, 2014, Order) (Guyton, M.J.)

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