03/16/2020 “See News Release 010 for any Concurrences and/or Dissents.”
SUPREME COURT OF LOUISIANA
No. 2019-C-1964
JUANITA W. FONTENOT AND
JUNE T. WILDER
V.
GILCHRIST CONSTRUCTION COMPANY, LLC
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL,
THIRD CIRCUIT, PARISH OF ALLEN
PER CURIAM
Granted in part. La. Code Civ. P. art. 1472 provides, “[i]f a party fails to admit . . .the truth
of any matter as requested under Article 1466, and if the party requesting the admissions thereafter
proves. . . the truth of the matter, he may apply to the court for an order requiring the other party to
pay him the reasonable expenses incurred in making that proof, including reasonable attorney's
fees.” [emphasis added]. The federal courts, interpreting the virtually-identical provisions of Rule
37 of the Federal Rules of Civil Procedure, have explained a near “but for” relationship must exist
between the discovery violation and the activity for which fees and expenses are awarded. See, e.g.,
Tequila Centinela, S.A. de C.V. v. Bacardi & Co., 248 F.R.D. 64, 69–70 (D.D.C. 2008).
In the case at bar, we find the district court did not err in awarding attorney fees as a sanction
for discovery violations under La. Code Civ. P. art. 1472. However, the district court committed
legal error by awarding attorney fees on a percentage basis without making a factual finding as to
which portion of the fee related to activities directly resulting from the discovery violation.
Although the court of appeal reduced the quantum of the award, it engaged in no meaningful analysis
to determine which portion of the plaintiffs’ attorney fees which attributable solely to the discovery
violation.
Accordingly, the portion of the court of appeal’s judgment amending and affirming the
attorney fee award is vacated and set aside. The case is remanded to the district court for the purpose
of making a specific factual finding, after an appropriate evidentiary hearing, as to the reasonable
amount of attorney fees which can be attributed solely to the discovery violation.
In all other respects, the writ is denied.