Malloy v. Trileaf Corporation et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DEBORAH MALLOY, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 4:24 CV 506 CDP
)
TRILEAF CORPORATION, et al., 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
After granting defendants summary judgment in this case, I entered a
separate Memorandum and Order granting defendants’ motion for sanctions for
plaintiff’s misconduct committed during the discovery process. 	In that Order, I
directed defendants to file a verified statement of attorney’s fees they reasonably
incurred on account of plaintiff’s misconduct. 	Defendants have now filed the
declaration of their counsel, Joy D. McMillen, seeking $55,104.50 in fees.
Attached to the declaration is a statement describing the work performed and the
fees charged, and the initials of the individuals who performed such work. 	The
information provided, however, is insufficient for me to determine whether the
requested fees are reasonable. 	I will therefore direct defendants to file an
amended verified statement of attorney’s fees that includes information from
which I can determine a reasonable fee. 	I will provide plaintiff an opportunity to
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respond to defendants’ amended statement as well as additional time to respond to
defendants’ pending bill of costs.
A district court has wide discretion in determining the proper amount of
reasonable attorney’s fees to be awarded in a case where a party has been
sanctioned. 	Wescott Agri-Prods., Inc. v. Sterling State Bank, Inc., 682 F.3d 1091,
1094 (8th Cir. 2012). 	In evaluating whether a fee award is reasonable, courts
begin with the lodestar, “which is calculated by multiplying the hours reasonably
expended by the reasonable hourly rates.” 	Jet Midwest Int’l Co. v. Jet Midwest
Grp., LLC, 93 F.4th 408, 420 (8th Cir. 2024); Indep. Contractors of Maverick
Transp., LLC v. Great W. Cas. Co., No. 4:24-CV-338 HEA, 2025 WL 1423598, at
*2 (E.D. Mo. May 16, 2025). 	Here, neither counsel’s declaration nor the
statement of fees sets out the hourly rates for the individuals who performed the
work described. 	And the individuals themselves are not fully identified either by
name or role (i.e., attorney, paralegal, etc.). 	Moreover, my initial review of the
statement of fees shows that some individuals charged different hourly rates for
their work. 	For example, an entry dated 2/28/25 for “MZH” shows they billed one
hour for a total of $990, whereas another entry that same date for “MZH” shows
they billed 1.2 hours for a total of $660. 	(ECF 94-1 at p. 3.) 	Likewise, an entry
dated 2/28/25 for “LMW” shows they billed one hour at $474, whereas other
entries for “LMW” dated 4/24/25 and 4/30/25 show they billed one-hour
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increments at $395 each. 	(Id. at pp. 3, 4.) 	Without any explanation for those
discrepancies or any identification of who performed the work and at what rates, I
am unable to determine a reasonable fee.
I will give defendants seven days to file an amended verified statement of
attorney’s fees that includes necessary and accurate information from which I can
calculate a reasonable fee. 	Fees incurred in relation to the amended statement
shall not be included in defendants’ request for fees. 	I will give plaintiff
fourteen days to respond to that amended statement as well as additional time to
respond to defendants’ pending bill of costs.
Accordingly,
IT IS HEREBY ORDERED that not later than February 6, 2026,
defendants shall file an amended verified statement of attorney’s fees that contains
sufficient, complete, and accurate information from which I can calculate a
reasonable attorney’s fee, consistent with this Memorandum and Order. 	Plaintiff
shall have to February 20, 2026, to file her response(s) to defendants’ amended
verified statement of fees and pending bill of costs.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 29th day of January, 2026.
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