Thanks GILL,

EDIG wants to lower the fee from $9725.50 to $1551.50

The lower total of hours stated by Mr. Tufts, if true, would give rise to a number that is substantially smaller than the total fees presently claimed by digEcor—approximately $9725.50 (if using only the highest rate billed by digEcor’s attorneys), rather than the $14,214.10 presently proposed. While digEcor’s attorneys may have intended to reduce their total claimed hours to 36.7 upon recognizing that the original number of 57.2 was excessive, they failed to reduce the actual fees billed accordingly. Regardless of the cause of the discrepancy, the Court should use the reduced figure of $9725.50 as the maximum starting point for fees billed by digEcor’s attorneys. There is no basis to credit the higher number suggested by the time entries given Mr. Tufts’ own calculation of hours worked offered in his signed affidavit

CONCLUSION

For the foregoing reasons, e.Digital requests that the Court substantially reduce the amount of fees sought by digEcor for its work in connection with its Motion to Compel, to a sum that is more reasonable in light of the ordinary nature of the Motion to Compel, and which is more consistent with similar awards made throughout the Tenth Circuit. As set forth in the chart attached as Exhibit 2, a reasonable fee for the work involved in digEcor’s Motion to Compel is $1551.50.