Rouse v. H.B. Fuller Company

U.S. District Court, District of Minnesota

Rouse v. H.B. Fuller Company

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                

Lisa Rouse, Juston Rouse, Jenna Drouin,  Case No. 22-CV-02173 (JMB/JFD)  
and Nicholas Drouin, individually and on                                 
behalf of all others similarly situated,                                 
            Plaintiffs,                     ORDER                        
v.                                                                       
H.B.  Fuller  Company  and  H.B.  Fuller                                 
Construction Products Inc.,                                              
           Defendants.                                                   

    This matter is before the Court on Plaintiffs’ request for Fees and Costs (Dkt. No. 
597)made pursuant to the Court’s June 25, 2025 Order (Dkt. No. 584). That Order granted
Plaintiffs’ motion to compel H.B. Fuller Company (“HBF Co.”) to produce an adequately 
prepared corporate representative for a deposition under Federal Rule of Civil Procedure 
30(b)(6) because the Court found that “HBF Co. and its counsel did not prepare their 

witness to respond to the topics HBF Co. was legally obligated to discuss, and the witness, 
Cheryl Reinitz, did not take steps necessary to familiarize herself with the case.” (June 25, 
2025 Order 18, Dkt. No. 584.) The Court has said all that needs to be said about that motion 
and this order limits itself to accurately assessing, and reducing to monetary terms, the 
harm caused by that lack of preparation.                                  

    The harms identified in the Court’s June 25 Order were of three types: 1) taking Ms. 
Reinitz’s deposition on April 10, 2025; 2) filing and arguing the Motion to Compel (Dkt. 
No. 493); and 3) taking the additional deposition ordered by the Court. (June 25, 2025 
Order 24, Dkt. No. 584.) To reduce those harms to a monetary figure, this order assesses 

the reasonableness of the fees requested by Plaintiffs in their Notice (Dkt. No. 597).  
                      LEGAL STANDARDS                                    
    If a motion to compel is granted, “the court must, after giving an opportunity to be 
heard, require the party or deponent whose conduct necessitated the motion, the party or 

attorney advising that conduct, or both to pay the movant’s reasonable expenses incurred 
in making the motion, including attorney’s fees,” Fed. R. Civ. P. 37(a)(5)(A), unless “the 
movant  filed  the  motion  before  attempting  in  good faith  to  obtain  the  disclosure  or 
discovery  without  court  action,”  “the  opposing  party’s  nondisclosure,  response,  or 
objection was substantially justified,” or “other circumstances make an award of expenses 

unjust.” Fed. R. Civ. P. 37(a)(5)(A)(i)–(iii). Federal Rule of Civil Procedure 37 also 
provides that, where a court determines that a party or counsel has disobeyed an order of 
the court, “the court must order the disobedient party, the attorney advising that party, or 
both to pay the reasonable expenses, including attorney's fees, caused by the failure.” Fed. 
R. Civ. P. 37(b)(2)(C).                                                   

    The Court also has the inherent authority to award attorneys’ fees “against a party 
which has acted in bad faith, vexatiously, wantonly, or for oppressive reasons.’” United 
States v. Gonzalez-Lopez, 
403 F.3d 558
, 564 (8th Cir. 2005) (quotation and internal 
quotation marks omitted); see Lamb Eng'g & Const. Co. v. Neb. Pub. Power Dist., 
103 F.3d 1422, 1435
 (8th Cir. 1997). “The amount of the fee, of course, must be determined on 
the facts of each case.” Hensley v. Eckerhart, 
461 U.S. 424, 429
 (1983). The Court 
addresses in turn each of the three categories of expense listed above.   

                          DISCUSSION                                     
    Generally, Plaintiffs’ counsel work at two firms: the Cincinnati, Ohio firm of Vorys, 
Sater,  Seymour  and  Pease  LLP  (“Vorys”);  and  the  Minneapolis,  Minnesota  firm  of 
Lockridge Grindal Nauen PLLP (“LGN”). Vorys attorneys serve as lead counsel for 
Plaintiffs, with LGN attorneys serving as local counsel. (Asp Decl. 2, Dkt. No. 599.) Vorys 
attorneys on this case include David Hine, a partner at the firm, and associates Petra 

Bergman and Michael Soder. (Id.) These attorneys bill their time at $695, $495, and $430 
per hour, respectively. (Id.) LGN attorneys include David Asp, a partner, and David Hahn, 
an associate. They bill their time at $625 and $375 per hour, respectively. (Id.) HBF Co. 
does not challenge these rates themselves, and the Court therefore does not question their 
reasonableness.                                                           

    HBF Co. objects to the Court awarding fees and costs to Plaintiffs in relation to this 
matter. In responding to Plaintiffs’ fee request, HBF Co. points out that in Plaintiffs’ 
original motion for a second Rule 30(b)(6) deposition of HBF Co., they expressly stated 
that they were not seeking sanctions in connection to it. (HBF Co.’s Resp. 3, Dkt. No. 615 
(citing Pls.’ Mem. in Supp. 2, Dkt. No. 497).) It also argues that “although the Court 

disagreed with its approach to preparing its 30(b)(6) witness, that approach was supported 
by legal authority and was a reasonable effort to navigate the unique and challenging 
circumstances of this case.” (Id. at 2.) The Court considers these well-taken arguments, 
along with the more specific arguments discussed below, in crafting what it determines is 
a reasonable award of fees in the broader context of both parties’ behavior through the 
litigation of this case.                                                  

 I.   The April 10, 2025 Deposition of Cheryl Reinitz                    
    In  their  request  for  fees  and  costs,  Plaintiffs’  counsel  petitions  the  Court  for 
$69,305.07 for work performed by Mr. Hine and Ms. Bergman for the deposition of Cheryl 
Reinitz, the first HBF Co. 30(b)(6) deponent, who the Court found to be inadequately 
prepared for that deposition. (See Pls.’ Notice 3, 5, Dkt. No. 597.) This figure includes 
“$60,226.00 for 94.80 hours spent by Mr. Hine and Ms. Bergman” (Hine Decl. 4, Dkt. No. 

598),  “$2,396.52  on  travel  expenses  for  Mr.  Hine  and  Ms.  Bergman  to  attend  the 
Deposition,” (Id. at 7), and “$6,682.55 for court reporter and videographer fees during the 
Deposition.” (Id. at 6.)                                                  
    The Court appreciates this breakdown of fees and costs provided by Plaintiffs, but 
it will not require Defendants to compensate Plaintiffs for this amount because this number 

represents the fees Plaintiffs would have reasonably incurred even in the absence of HBF 
Co.’s unpreparedness for the Rule 30(b)(6) deposition. The Court will only consider fees 
and costs incurred beyond this number as attributable to HBF Co.’s failure to properly 
prepare Ms. Reinitz for the original Rule 30(b)(6) deposition.            
 II.  The Motion to Compel Adequately Prepared Corporate Deponent (Dkt. No. 
      493)                                                               

    Plaintiffs’ counsel petitions the Court for $36,394.00 for work performed by Mr. 
Hine, Ms. Bergman, and Mr. Soder in drafting Plaintiffs’ Motion to Compel an Adequate 
Rule 30(b)(6) Deponent and the associated briefing, as well as preparing for, traveling to, 
and participating in the hearing on the Motion. Plaintiffs’ counsel also requests $865.62 in 
travel expenses incurred in attending the May 16, 2025 Case Management Conference and 

Motion Hearing, a number which represents one third of the travel expenses Plaintiffs’ 
counsel incurred in traveling to St. Paul because “there were two other issues to be 
addressed at that May 16, 2025, hearing, [so ]Plaintiffs only attribute one-third of those 
costs to the Motion.” (Pls.’ Notice 5, n.2, Dkt. No. 597.) Accordingly, the total amount of 
compensation Plaintiffs’ counsel requests related to the Motion to Compel is $37,258.62.  
     Plaintiffs’ counsel’s billing records indicate that Mr. Hine recorded 6.5 hours for 

“[t]raveling to Minnesota for hearing” ($4,517.50) and 7.2 hours for “[p]reparing for 
hearing” ($5,004.00) on May 15. (Hine Decl. Ex. 1, Dkt. No. 598-1.) Also on May 15, Ms. 
Bergman recorded 9 hours for “[t]ravel to and prepare for the hearing,” equivalent to 
$4,455.00.  (Id.)  The  day  of  the  hearing,  May  16,  Mr.  Hine  recorded  6.5  hours  for 
“preparing  for  and  participating  in  case  management  conference”  and  5.6  hours  for 

“[t]raveling  home  from  Minnesota,”  and  Ms.  Bergman  recorded  9.5  hours  for 
“[p]repar[ing] for the hearings[,] [a]ttend[ing] hearing[,]… and travel home” (Id.)  
    The Court declines to order Defendants to compensate Plaintiffs for any travel-
related costs or fees incurred in traveling to St. Paul for the Case Management Conference 
in May. As HBF Co. notes, Plaintiffs’ counsel would have had to travel to St. Paul for the 

Case Management Conference whether or not they brought the Motion to Compel. (HBF 
Co.’s Resp. 4, Dkt. No. 615.) The Court will, however award fees and costs directly 
associated  with  the  motion,  including  one  third  of  the  time  spent  preparing  for  and 
participating in the hearing. Reviewing the submitted billing records, the Court concludes 
that Plaintiffs’ counsel is entitled to compensation for $5,004.00 for Mr. Hine’s work on 
May 15, 2025 and $4,517.50 for his work on May 16, 2025. As for Ms. Bergman’s time, 

Plaintiffs’ counsel is entitled to compensation for $1,237.50 for her work on the 15th and 
$1,930.50 for her work on the 16th. Plaintiffs’ counsel is also entitled to compensation for 
the $22,699.00 for the 44.9 hours spent by Mr. Hine and Mr. Soder in drafting the briefing 
for the Motion to Compel. In sum, the amount owed to Plaintiffs’ counsel in connection to 
the Motion to Compel is $35,387.50.                                       

 III.  The July 17, 2025 Deposition of Traci Jensen                      
    Plaintiffs’ counsel requests $34,857.50 in fees and costs incurred in taking the July 
17, 2025 Rule 30(b)(6) Deposition of Traci Jensen, ordered by the Court on June 25, 2025. 
That request includes $30,837.50 for 50.50 hours of work, divided between Mr. Hine and 
Ms. Bergman, of the Vorys firm, and $4,020.45 for costs related to transcription and 
recording services. (Pls’ Second Fee Petition 3, Dkt. No. 623.) Plaintiffs’ counsel is entitled 

to compensation for the entirety of the $4,020.45 in transcription and recording costs, as 
these costs would not have been incurred if HBF Co. was properly prepared for its first 
Rule 30(b)(6) deposition.                                                 
    As to attorneys’ fees accrued in preparation for the second Rule 30(b)(6) deposition, 
the fee request will be granted in part. HBF Co. argues that much of the work time claimed 

by Plaintiffs in their request was unnecessarily duplicative of work that had been done to 
prepare for the H.B. Fuller Construction Products deposition and the original HBF Co. 
deposition. (HBF Co.’s Resp. 4, Dkt. No. 615.) While the Court recognizes that such work 
may have been duplicative, it is not unreasonable to expect that attorneys would need to 
spend at least some time refamiliarizing themselves with the issues after a gap of three 
months between the first and second 30(b)(6) depositions.  However, the billing entries 

submitted by Plaintiffs’ counsel in this request occasionally commingle work directly 
attributable to the deposition with other work on this case that likely would have been 
incurred without the Court’s June 25, 2025 Order. (See Hine Decl. Ex. 1, Dkt. No. 624-1.) 
For example, one entry includes “[c]ompiling documents for use in 30(b)(6) deposition 
addressing particular defenses raised in Defendants’ motion to deny class certification,” 
and another includes “review[ing] and analyz[ing] the documents used in support of the 

motion to deny class certification to identify additional exhibits for use in the renewed 
30(b)(6) deposition.” (Id.) This work, while relevant to the 30(b)(6) deposition ordered by 
the Court, will also be relevant to Plaintiffs’ likely motion for class certification later in the 
case because Defendant’s motion to deny class certification was denied as premature. (See 
Aug. 15, 2025 Order, Dkt. No. 620.) After excising one half of each of the entries where 

such commingling occurred, the Court finds that Plaintiffs’ counsel incurred $26,351.50 in 
attorneys’ fees related to the second Rule 30(b)(6) deposition of HBF Co.1 In sum, the 
amount owed to Plaintiffs’ counsel in connection to the Second Rule 30(b)(6) Deposition 
of HBF Co. is $30,371.95.                                                 





1 To arrive at this figure, the Court reduced time attributed to commingled entries by one 
half and multiplied the sum of remaining time for each attorney by the attorney’s billing 
rate, as identified in the Plaintiffs’ papers.                            
                         CONCLUSION                                      
    Accordingly, based on the foregoing and on all of the files, records, and proceedings 

herein,  IT IS HEREBY ORDERED THAT Plaintiffs’ Requests for Attorneys’ Fees 
(Dkt. Nos. 597, 623) are GRANTED in part and DENIED in part, as follows:  
    1) Defendants will pay Plaintiffs’ counsel $35,387.50 for attorneys’ fees and costs
      associated  with  Plaintiffs’  Motion  to  Compel  Adequately  Prepared  Rule
      30(b)(6) Corporate Representative (Dkt. No. 493); and              
    2) Defendants will pay Plaintiffs’ counsel $30,371.95 for attorneys’ fees and costs

      associated with HBF Co.’s Second Rule 30(b)(6) deposition.         

Date: October 10, 2025             s/  John F. Docherty                  
                                   JOHN F. DOCHERTY                      
                                   United States Magistrate Judge        

Trial Court Opinion

                UNITED STATES DISTRICT COURT                             
                    DISTRICT OF MINNESOTA                                

Lisa Rouse, Juston Rouse, Jenna Drouin,  Case No. 22-CV-02173 (JMB/JFD)  
and Nicholas Drouin, individually and on                                 
behalf of all others similarly situated,                                 
            Plaintiffs,                     ORDER                        
v.                                                                       
H.B.  Fuller  Company  and  H.B.  Fuller                                 
Construction Products Inc.,                                              
           Defendants.                                                   

    This matter is before the Court on Plaintiffs’ request for Fees and Costs (Dkt. No. 
597)made pursuant to the Court’s June 25, 2025 Order (Dkt. No. 584). That Order granted
Plaintiffs’ motion to compel H.B. Fuller Company (“HBF Co.”) to produce an adequately 
prepared corporate representative for a deposition under Federal Rule of Civil Procedure 
30(b)(6) because the Court found that “HBF Co. and its counsel did not prepare their 

witness to respond to the topics HBF Co. was legally obligated to discuss, and the witness, 
Cheryl Reinitz, did not take steps necessary to familiarize herself with the case.” (June 25, 
2025 Order 18, Dkt. No. 584.) The Court has said all that needs to be said about that motion 
and this order limits itself to accurately assessing, and reducing to monetary terms, the 
harm caused by that lack of preparation.                                  

    The harms identified in the Court’s June 25 Order were of three types: 1) taking Ms. 
Reinitz’s deposition on April 10, 2025; 2) filing and arguing the Motion to Compel (Dkt. 
No. 493); and 3) taking the additional deposition ordered by the Court. (June 25, 2025 
Order 24, Dkt. No. 584.) To reduce those harms to a monetary figure, this order assesses 

the reasonableness of the fees requested by Plaintiffs in their Notice (Dkt. No. 597).  
                      LEGAL STANDARDS                                    
    If a motion to compel is granted, “the court must, after giving an opportunity to be 
heard, require the party or deponent whose conduct necessitated the motion, the party or 

attorney advising that conduct, or both to pay the movant’s reasonable expenses incurred 
in making the motion, including attorney’s fees,” Fed. R. Civ. P. 37(a)(5)(A), unless “the 
movant  filed  the  motion  before  attempting  in  good faith  to  obtain  the  disclosure  or 
discovery  without  court  action,”  “the  opposing  party’s  nondisclosure,  response,  or 
objection was substantially justified,” or “other circumstances make an award of expenses 

unjust.” Fed. R. Civ. P. 37(a)(5)(A)(i)–(iii). Federal Rule of Civil Procedure 37 also 
provides that, where a court determines that a party or counsel has disobeyed an order of 
the court, “the court must order the disobedient party, the attorney advising that party, or 
both to pay the reasonable expenses, including attorney's fees, caused by the failure.” Fed. 
R. Civ. P. 37(b)(2)(C).                                                   

    The Court also has the inherent authority to award attorneys’ fees “against a party 
which has acted in bad faith, vexatiously, wantonly, or for oppressive reasons.’” United 
States v. Gonzalez-Lopez, 
403 F.3d 558
, 564 (8th Cir. 2005) (quotation and internal 
quotation marks omitted); see Lamb Eng'g & Const. Co. v. Neb. Pub. Power Dist., 
103 F.3d 1422, 1435
 (8th Cir. 1997). “The amount of the fee, of course, must be determined on 
the facts of each case.” Hensley v. Eckerhart, 
461 U.S. 424, 429
 (1983). The Court 
addresses in turn each of the three categories of expense listed above.   

                          DISCUSSION                                     
    Generally, Plaintiffs’ counsel work at two firms: the Cincinnati, Ohio firm of Vorys, 
Sater,  Seymour  and  Pease  LLP  (“Vorys”);  and  the  Minneapolis,  Minnesota  firm  of 
Lockridge Grindal Nauen PLLP (“LGN”). Vorys attorneys serve as lead counsel for 
Plaintiffs, with LGN attorneys serving as local counsel. (Asp Decl. 2, Dkt. No. 599.) Vorys 
attorneys on this case include David Hine, a partner at the firm, and associates Petra 

Bergman and Michael Soder. (Id.) These attorneys bill their time at $695, $495, and $430 
per hour, respectively. (Id.) LGN attorneys include David Asp, a partner, and David Hahn, 
an associate. They bill their time at $625 and $375 per hour, respectively. (Id.) HBF Co. 
does not challenge these rates themselves, and the Court therefore does not question their 
reasonableness.                                                           

    HBF Co. objects to the Court awarding fees and costs to Plaintiffs in relation to this 
matter. In responding to Plaintiffs’ fee request, HBF Co. points out that in Plaintiffs’ 
original motion for a second Rule 30(b)(6) deposition of HBF Co., they expressly stated 
that they were not seeking sanctions in connection to it. (HBF Co.’s Resp. 3, Dkt. No. 615 
(citing Pls.’ Mem. in Supp. 2, Dkt. No. 497).) It also argues that “although the Court 

disagreed with its approach to preparing its 30(b)(6) witness, that approach was supported 
by legal authority and was a reasonable effort to navigate the unique and challenging 
circumstances of this case.” (Id. at 2.) The Court considers these well-taken arguments, 
along with the more specific arguments discussed below, in crafting what it determines is 
a reasonable award of fees in the broader context of both parties’ behavior through the 
litigation of this case.                                                  

 I.   The April 10, 2025 Deposition of Cheryl Reinitz                    
    In  their  request  for  fees  and  costs,  Plaintiffs’  counsel  petitions  the  Court  for 
$69,305.07 for work performed by Mr. Hine and Ms. Bergman for the deposition of Cheryl 
Reinitz, the first HBF Co. 30(b)(6) deponent, who the Court found to be inadequately 
prepared for that deposition. (See Pls.’ Notice 3, 5, Dkt. No. 597.) This figure includes 
“$60,226.00 for 94.80 hours spent by Mr. Hine and Ms. Bergman” (Hine Decl. 4, Dkt. No. 

598),  “$2,396.52  on  travel  expenses  for  Mr.  Hine  and  Ms.  Bergman  to  attend  the 
Deposition,” (Id. at 7), and “$6,682.55 for court reporter and videographer fees during the 
Deposition.” (Id. at 6.)                                                  
    The Court appreciates this breakdown of fees and costs provided by Plaintiffs, but 
it will not require Defendants to compensate Plaintiffs for this amount because this number 

represents the fees Plaintiffs would have reasonably incurred even in the absence of HBF 
Co.’s unpreparedness for the Rule 30(b)(6) deposition. The Court will only consider fees 
and costs incurred beyond this number as attributable to HBF Co.’s failure to properly 
prepare Ms. Reinitz for the original Rule 30(b)(6) deposition.            
 II.  The Motion to Compel Adequately Prepared Corporate Deponent (Dkt. No. 
      493)                                                               

    Plaintiffs’ counsel petitions the Court for $36,394.00 for work performed by Mr. 
Hine, Ms. Bergman, and Mr. Soder in drafting Plaintiffs’ Motion to Compel an Adequate 
Rule 30(b)(6) Deponent and the associated briefing, as well as preparing for, traveling to, 
and participating in the hearing on the Motion. Plaintiffs’ counsel also requests $865.62 in 
travel expenses incurred in attending the May 16, 2025 Case Management Conference and 

Motion Hearing, a number which represents one third of the travel expenses Plaintiffs’ 
counsel incurred in traveling to St. Paul because “there were two other issues to be 
addressed at that May 16, 2025, hearing, [so ]Plaintiffs only attribute one-third of those 
costs to the Motion.” (Pls.’ Notice 5, n.2, Dkt. No. 597.) Accordingly, the total amount of 
compensation Plaintiffs’ counsel requests related to the Motion to Compel is $37,258.62.  
     Plaintiffs’ counsel’s billing records indicate that Mr. Hine recorded 6.5 hours for 

“[t]raveling to Minnesota for hearing” ($4,517.50) and 7.2 hours for “[p]reparing for 
hearing” ($5,004.00) on May 15. (Hine Decl. Ex. 1, Dkt. No. 598-1.) Also on May 15, Ms. 
Bergman recorded 9 hours for “[t]ravel to and prepare for the hearing,” equivalent to 
$4,455.00.  (Id.)  The  day  of  the  hearing,  May  16,  Mr.  Hine  recorded  6.5  hours  for 
“preparing  for  and  participating  in  case  management  conference”  and  5.6  hours  for 

“[t]raveling  home  from  Minnesota,”  and  Ms.  Bergman  recorded  9.5  hours  for 
“[p]repar[ing] for the hearings[,] [a]ttend[ing] hearing[,]… and travel home” (Id.)  
    The Court declines to order Defendants to compensate Plaintiffs for any travel-
related costs or fees incurred in traveling to St. Paul for the Case Management Conference 
in May. As HBF Co. notes, Plaintiffs’ counsel would have had to travel to St. Paul for the 

Case Management Conference whether or not they brought the Motion to Compel. (HBF 
Co.’s Resp. 4, Dkt. No. 615.) The Court will, however award fees and costs directly 
associated  with  the  motion,  including  one  third  of  the  time  spent  preparing  for  and 
participating in the hearing. Reviewing the submitted billing records, the Court concludes 
that Plaintiffs’ counsel is entitled to compensation for $5,004.00 for Mr. Hine’s work on 
May 15, 2025 and $4,517.50 for his work on May 16, 2025. As for Ms. Bergman’s time, 

Plaintiffs’ counsel is entitled to compensation for $1,237.50 for her work on the 15th and 
$1,930.50 for her work on the 16th. Plaintiffs’ counsel is also entitled to compensation for 
the $22,699.00 for the 44.9 hours spent by Mr. Hine and Mr. Soder in drafting the briefing 
for the Motion to Compel. In sum, the amount owed to Plaintiffs’ counsel in connection to 
the Motion to Compel is $35,387.50.                                       

 III.  The July 17, 2025 Deposition of Traci Jensen                      
    Plaintiffs’ counsel requests $34,857.50 in fees and costs incurred in taking the July 
17, 2025 Rule 30(b)(6) Deposition of Traci Jensen, ordered by the Court on June 25, 2025. 
That request includes $30,837.50 for 50.50 hours of work, divided between Mr. Hine and 
Ms. Bergman, of the Vorys firm, and $4,020.45 for costs related to transcription and 
recording services. (Pls’ Second Fee Petition 3, Dkt. No. 623.) Plaintiffs’ counsel is entitled 

to compensation for the entirety of the $4,020.45 in transcription and recording costs, as 
these costs would not have been incurred if HBF Co. was properly prepared for its first 
Rule 30(b)(6) deposition.                                                 
    As to attorneys’ fees accrued in preparation for the second Rule 30(b)(6) deposition, 
the fee request will be granted in part. HBF Co. argues that much of the work time claimed 

by Plaintiffs in their request was unnecessarily duplicative of work that had been done to 
prepare for the H.B. Fuller Construction Products deposition and the original HBF Co. 
deposition. (HBF Co.’s Resp. 4, Dkt. No. 615.) While the Court recognizes that such work 
may have been duplicative, it is not unreasonable to expect that attorneys would need to 
spend at least some time refamiliarizing themselves with the issues after a gap of three 
months between the first and second 30(b)(6) depositions.  However, the billing entries 

submitted by Plaintiffs’ counsel in this request occasionally commingle work directly 
attributable to the deposition with other work on this case that likely would have been 
incurred without the Court’s June 25, 2025 Order. (See Hine Decl. Ex. 1, Dkt. No. 624-1.) 
For example, one entry includes “[c]ompiling documents for use in 30(b)(6) deposition 
addressing particular defenses raised in Defendants’ motion to deny class certification,” 
and another includes “review[ing] and analyz[ing] the documents used in support of the 

motion to deny class certification to identify additional exhibits for use in the renewed 
30(b)(6) deposition.” (Id.) This work, while relevant to the 30(b)(6) deposition ordered by 
the Court, will also be relevant to Plaintiffs’ likely motion for class certification later in the 
case because Defendant’s motion to deny class certification was denied as premature. (See 
Aug. 15, 2025 Order, Dkt. No. 620.) After excising one half of each of the entries where 

such commingling occurred, the Court finds that Plaintiffs’ counsel incurred $26,351.50 in 
attorneys’ fees related to the second Rule 30(b)(6) deposition of HBF Co.1 In sum, the 
amount owed to Plaintiffs’ counsel in connection to the Second Rule 30(b)(6) Deposition 
of HBF Co. is $30,371.95.                                                 





1 To arrive at this figure, the Court reduced time attributed to commingled entries by one 
half and multiplied the sum of remaining time for each attorney by the attorney’s billing 
rate, as identified in the Plaintiffs’ papers.                            
                         CONCLUSION                                      
    Accordingly, based on the foregoing and on all of the files, records, and proceedings 

herein,  IT IS HEREBY ORDERED THAT Plaintiffs’ Requests for Attorneys’ Fees 
(Dkt. Nos. 597, 623) are GRANTED in part and DENIED in part, as follows:  
    1) Defendants will pay Plaintiffs’ counsel $35,387.50 for attorneys’ fees and costs
      associated  with  Plaintiffs’  Motion  to  Compel  Adequately  Prepared  Rule
      30(b)(6) Corporate Representative (Dkt. No. 493); and              
    2) Defendants will pay Plaintiffs’ counsel $30,371.95 for attorneys’ fees and costs

      associated with HBF Co.’s Second Rule 30(b)(6) deposition.         

Date: October 10, 2025             s/  John F. Docherty                  
                                   JOHN F. DOCHERTY                      
                                   United States Magistrate Judge        

Reference

Full Case Name
Lisa Rouse, Juston Rouse, Jenna Drouin, and Nicholas Drouin, individually and on behalf of all others similarly situated v. H.B. Fuller Company and H.B. Fuller Construction Products Inc.
Status
Unknown