Attorney Fees for Resisting Motion to Compel Not Recoverable

The court denied without prejudice a third party's motion to shift cost of discovery to plaintiff after the court granted plaintiff's motion to compel a third party to produce documents regarding five of its drug products. "[T]he Court has not at this time seen any evidence that enforcement of [plaintiff's] subpoena . . . would impose an undue burden or expense on [movant]. . . . The Court does not regard the attorneys’ fees incurred in resisting the motion to compel as recoverable costs of complying with the subpoena. [Movant] was not required to resist the motion to compel, and it has been unsuccessful in so doing. For those reasons, there is no sense in which the attorneys’ fees were necessary expenses incurred in responding to the subpoena. As to any other costs associated with [movant's] compliance efforts, the Court has no other evidence before it regarding the costs of compliance that were imposed on [movant]."

Allergan, Inc. v. Teva Pharmaceuticals USA, Inc. et al, 2-15-cv-01455 (TXED April 10, 2017, Order) (Bryson, CJ)