LAW OFFICES 

DOBBS & NEIDLE, P.C. 

30150 TELEGRAPH ROAD STE. 410 • BINGHAM FARMS , MICHIGAN 48025 • 248-723-9520

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

ROBERT LEVANDER, 

 Case No. 2:08-cv-14241 

 Plaintiff, 

-vs- Hon: David M. Lawson 

I.C. SYSTEM, INC., a foreign 

corporation, and JOHN DOE, 

 Defendants. 

REX ANDERSON, P.C. DOBBS & NEIDLE, P.C. 

Rex C. Anderson (P47068) Gregory R. Neidle (P59273) 

Attorney for Plaintiff Daniel J. Ammon (P50923) 

9459 Lapper Road Attorneys for Defendants 

Davison, MI 48423 30150 Telegraph Road 

Phone: (810) 653-3300 Suite 410 

Fax: (810) 658-2510 Bingham Farms, MI 48025 

Email: rex@andersonpc.com Phone: (248) 723-9511 

 Fax: (248) 723-9531 

Email: gneidle@dobbsneidle.com 

 dammon@dobbsneidle.com 

DEFENDANT’S MOTION FOR LEAVE TO FILE A SUR-REPLY

NOW COMES Defendant, I.C. SYSTEM, INC., by and through its attorneys, Dobbs & 

Neidle, P.C., and respectfully requests leave to file a Sur-reply to Respond to Plaintiff’s Reply 

to Defendants’ Response to Plaintiff’s Application for Attorney Fees. As grounds for this 

motion Defendant states as follows: 

1. Defendant respectfully submits that this Sur-reply is necessary because the 

Plaintiff’s Reply contains several incorrect statements that cannot go unrebutted, 

namely: that a reasonable fee in an FDCPA action is the number of hours spent 

multiplied by a reasonable rate. (Pl’s Reply, p. 1, Doc. 71). 

Case 2:08-cv-14241-DML-VMM ECF No. 71, PageID.1063 Filed 06/26/09 Page 1 of 3
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LAW OFFICES 

DOBBS & NEIDLE, P.C. 

30150 TELEGRAPH ROAD STE. 410 • BINGHAM FARMS , MICHIGAN 48025 • 248-723-9520

2. Plaintiff also cites no authority for the proposition that he is somehow entitled to 

attorney fees from the date his complaint was filed until May 26, 2009. 

3. In fact, the Supreme Court in Hensley specifically states that it is Plaintiff's 

burden to demonstrate that his hours were reasonable. Hensley v. Eckerhart, 

461 U.S. 424, 437 (1983). 

4. The Hensley Court further instructed: 

The product of reasonable hours times a reasonable rate does not 

end the inquiry. There remain other considerations that may lead 

the district court to adjust the fee upward or downward, including 

the important factor of the ‘results obtained.’ This factor is 

particularly crucial where a plaintiff is deemed ‘prevailing’ even 

though he succeeded on only some of his claims for relief. In this 

situation two questions must be addressed. First, did the plaintiff fail 

to prevail on claims that were unrelated to the claims on which he 

succeeded? Second, did the plaintiff achieve a level of success that 

makes the hours reasonably expended a satisfactory basis for 

making a fee award? 

Id. at 434. 

5. Plaintiff’s Reply Brief also cites new case law to which Defendant has not yet had 

an adequate opportunity to respond. 

6. Allowing Plaintiff to respond through a sur-reply will ensure a complete and 

accurate record before the Court. 

7. For the above aforementioned reasons, Defendant respectfully requests this 

Court to allow Defendant to file a sur-reply limited to 5 pages.

8. Pursuant to E. D. Mich. LR 7.1(a)(2), the undersigned counsel confirms that he 

attempted to contact Plaintiff’s counsel on June 26, 2009, and left a message in 

which the movant explained the nature of the motion.

9. Further, it appears the Court may have waived the above contact requirement at 

the June 23, 2009 hearing on Plaintiff’s Fee Application, where the Court granted 

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LAW OFFICES 

DOBBS & NEIDLE, P.C. 

30150 TELEGRAPH ROAD STE. 410 • BINGHAM FARMS , MICHIGAN 48025 • 248-723-9520

Plaintiff’s oral motion to file a reply brief and instructed Defendant’s counsel to file 

a motion for sur-reply if he determined it necessary.

WHEREFORE, Defendant respectfully requests that the Court grant this motion and 

allow Defendant to file a sur-reply. 

 Respectfully submitted, 

Dated: June 26, 2009 /s/ Daniel J. Ammon 

DOBBS & NEIDLE, PC 

30150 Telegraph Road, Suite 410 

Bingham Farms, MI 48025 

Phone: (248) 723-9511 

Email: dammon@dobbsneidle.com 

MI Bar Number P50923 

Attorney for Defendants

CERTIFICATE OF SERVICE

I hereby certify that on June 26, 2009, I electronically filed a copy of the foregoing 

document with the Clerk of the Court using the ECF system which will send notification of such 

filing to the following: 

Rex C. Anderson, Esq. 

Brian P. Parker, Esq. 

and I hereby certify that I have mailed by United States Postal Service the documents to the 

following non ECF participants: N/A

Dated: June 26, 2009 /s/ Daniel J. Ammon 

DOBBS & NEIDLE, PC 

30150 Telegraph Road, Suite 410 

Bingham Farms, MI 48025 

Phone: (248) 723-9511 

Email: dammon@dobbsneidle.com 

 MI Bar Number P50923 

 Attorneys for Defendants 

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