Hillbroom seeks payment of $22K in costs, attorney’s fees

Junior Larry Hillbroom has sought payment of $22,646 in total costs and attorney’s fees from Guam lawyer David J. Lujan as federal court’s sanction over the lawyer’s behavior during his deposition.

Deposition refers to the taking of testimony of a witness outside of court.

U.S. District Court for the NMI Magistrate Judge Heather L. Kennedy earlier had ruled that sanctions are appropriate against Lujan.

At a hearing last May, Kennedy ordered Hillbroom to submit more details and justification for the costs.

In his supplemental motion for attorney’s fees and costs filed Monday, Hillbroom, through counsel Rachel A. Dimitruk, said the attorney’s fees are those incurred in bringing the motion to compel and this filing before the court.

Dimitruk said Hillbroom has presented costs which cannot be recouped from Lujan’s decision to halt his deposition in Guam.

Dimitruk said Hillbroom also bear new and additional costs in having to now fly to Saipan and conduct the last two days of Lujan’s deposition that Hillbroom would not have otherwise incurred if the deposition had continued in Guam as scheduled.

Dimitruk said the costs being sought by Hillbroom are not duplicative.

Dimitruk provided the court with details about the costs and fees that include cancellation fee for stenographer, payment for the room for the deposition, hotel room costs, car rental, per diems, legal fees, and plane tickets.

Kennedy ordered that Lujan’s deposition will recommenced for two days and there will be no obstructing and no unethical behavior.

Hillbroom and Lujan agreed that the deposition of Lujan will be at the U.S. District Court for the NMI on July 29 to 30.

Kennedy granted Hillbroom’s motion for the costs and attorney’s fees incurred in bringing the motion to compel.

Hillbroom filed the motion to compel Lujan to resume his deposition on Saipan as Lujan allegedly displayed obstructive conduct and improperly left during the deposition in Guam. Hillbroom had also asked the court to sanction Lujan.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona had earlier found that Lujan violated Model Rules of Professional Conduct when he engaged in telephone conversations with Hillbroom and taped such conversations.

Manglona prohibited Lujan from making any contact with Hillbroom absent a written consent from Hillbroom’s counsel.

Manglona granted Hillbroom’s request that defendants Lujan and Barry J. Israel pay their attorney’s fees in the amount of $11,750 for the costs of replying to defendants’ motion to dismiss Hillbroom’s lawsuit.

Hillbroom is suing Lujan and Israel for allegedly conspiring with former trustee Keith Waibel to inflate their contingency fee when the fortune of the late DHL co-founder Larry Hillblom was still undergoing proceedings in the Superior Court.

Lujan and Israel, who were former lawyers for Hillbroom, denied the allegations.

Hillbroom is one of the four DNA-proven children of Hillblom. His name is spelled differently from that of Hillblom.

Hillblom died in a seaplane crash off Anatahan waters on May 21, 1995. Although his body was never recovered, the court declared him dead.