govinfo:USCOURTS-pawd-2_24-cv-01770-0

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
 
ONEXUS METALS LLC, 
 
 Plaintiff, 
 
 v. 
 
CRH CANADA GROUP, INC., 
 
 Defendant. 
 
 
 
 
24cv1770 
ELECTRONICALLY FILED 
 
Order adopting Report and Recommendation on Motion for Attorney’s Fees, 
Costs and Expenses 
 
 Pending before this Court is Plaintiff’s Motion for Attorney’s fees, costs and expenses 
awarded on Plaintiff’s Motion to Compel Discovery and for Sanctions, and the Report and 
Recommendation of Special Master Lenihan (Doc. 58 and Doc. 75). 
 On April 11, 2026, Special Master Lenihan issued a thorough Report and 
Recommendation in which she recommended that Plaintiff’s Motion for Attorney’s Fees, Costs 
and Expenses (Doc. 58) be granted in part and denied in part (Doc. 75). 
 Specifically, Special Master Lenihan reports that the that the rates charged by Attorneys 
Sneath, Jacobs and Parks and paralegal Tourok are reasonable and she recommends that these 
rates be used in applying the lodestar method of calculating reasonable attorneys’ fees and costs. 
Special Master Lenihan does not recommend a reduction for the attendance of a second attorney 

at the three 30(b)(6) corporate designee depositions in this case. Further, she declines to 
recommend a reduction in fees based on Defendant’s unreasonable ratio argument. Rather, she 
reports that this log entry is reasonable and recommends that it should not be reduced. 
 As to the remainder of the entries by Attorney Sneath objected to by Defendant 
(September 18, 2024 for .9 hours, and October 16, 2025 for 1.2 hours), Special Master Lenihan 
reports that reviewing and analyzing drafts of motions and briefs are matters that are properly 
billed by Attorney Sneath as the lead attorney. As such, these entries do not require delegation to 
either Mr. Jacobs, Mr. Park, or Ms. Torok. Accordingly, Special Master Lenihan recommends 
that these log entries are reasonable and should not be reduced, and further, that the September 8, 
2025 log entry of 2.1 hours by Attorney Sneath should be excluded from the lodestar. 
 Additionally, Special Master Lenihan considers the remaining seven other matters 
specifically objected to by Defendant and notes that all involve redacted log entries by Attorney 
Jacobs (Doc. 63). She reports that each entry was incurred in connection with the preparation of 
the Motion to Compel and for Sanctions, does not find the entries to be improper or 
unreasonable, and therefore, does not recommend that such time be excluded. Special Master 
Lenihan does not, however, recommend Plaintiff be awarded legal fees associated with drafting 
the instant Motion. 
 In sum, Special Master Lenihan recommends that Plaintiff be awarded attorney’s fees 
and costs in the total amount of $109,025.51, consisting of: 
 a. $58,542.50 for fees and $9,761.01 for costs/expenses related to the 30(b)(6) 
depositions; and 

 b.. $33,062.00 for fees and $7660.00 for costs/expenses related to the Motion to Compel 
and for Sanctions. 
 Pursuant to Fed. R. Civ. Pr. 53(f)(2), , the parties had 21 days to file objections to this 
Report and Recommendation. As of this date, no objections have been filed. 
 And now, this 26th day of May, 2026, this Court hereby Affirms and Adopts the thorough 
and well-reasoned Report and Recommendation and attendant analysis of Special Master 
Lenihan, in whole. 
 Accordingly, IT IS HEREBY ORDERED that: 
 Plaintiff’s Motion for Attorney’s Fees, Costs and Expenses is granted in part and denied 
in part as more fully set forth herein above. 
 It is further ORDERED that Plaintiff be awarded attorney’s fees and costs in the total 
amount of $109,025.51, consisting of: 
 1. $58,542.50 for fees and $9,761.01 for costs/expenses related to the 30(b)(6) 
depositions; and 
 2. $33,062.00 for fees and $7660.00 for costs/expenses related to the Motion to Compel 
and for Sanctions. 
 
 
 

 Defendant shall remit payment of the awarded amount within 14 days of the entry of the 
Order. 
SO ORDERED this 26th day of May, 2026. 
 
s/Arthur J. Schwab 
Arthur J. Schwab 
United States District Judge 
 
 
CC: All ECF-registered counsel of record 
 
 

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