CAMOFI Master LDC et al v. Jerrold Pressman et al

Filing 279

FIRST AMENDED MINUTES by Judge Gary A. Feess, re: Order re: Motion for Attorneys' Fees & Costs. Court GRANTS the CAM Plaintiffs' request for fees and costs against nominal defendants Michael Goldberg, Kenneth Koock, James Henderson, Charl es Arnold, John C. Kirkland, American Defense Investments, LLC, Richard Berkshire, TUSA Acquisition Corp., Daisy Rodriguez, KC-X American Aerospace, LLC, Tom Biggs, Richard Fixaris and Victor Kirkland ("CAM Fund Defendants"), jointly and severally, in the amount of $73,725.18 and $4,135.00, respectively. See document for details. (smo)

Download PDF
LINKS: 277 (11-4272); 276 (11-4574) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA AMENDED CIVIL MINUTES - GENERAL Case No. CV 11-4272 GAF (SPx) CV 11-4574 GAF (SPx)* Title DeFrees et al. v. John C. Kirkland, et al.; Camofi Master LDC et al. v. Jerrold Pressman et al. Present: The Honorable Date November 4, 2014 GARY ALLEN FEESS Stephen Montes Kerr Deputy Clerk None Court Reporter / Recorder N/A Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None None Proceedings: (In Chambers) ORDER RE: MOTION FOR ATTORNEYS’ FEES & COSTS1 The Court is in receipt of two motions for attorneys’ fees from the shareholders and creditors (the “DeFrees Plaintiffs” and the “CAM Funds Plaintiffs,” collectively “Plaintiffs”) of nominal defendants American Defense Investments, LLC, Charles S. Arnold, Michael L. Goldberg, James D. Henderson, John C. Kirkland, Kenneth J. Koock, and TUSA Acquisition Corp. (“DeFrees Defendants”) and nominal defendants Michael Goldberg, Kenneth Koock, James Henderson, Charles Arnold, John C. Kirkland, American Defense Investments, LLC, Richard Berkshire, TUSA Acquisition Corp., Daisy Rodriguez, KC-X American Aerospace, LLC, Tom Biggs, Richard Fixaris and Victor Kirkland (“CAM Fund Defendants”). (Docket No. 277 (11-4272) [Defrees’ Mem.]; Docket No. 276 (11-4574) [CAM Mem.].) These motions are seeking attorneys fees and costs incurred from Defendants’ appellate action challenging this Court’s ruling in favor of Plaintiffs regarding defendants’ anti-SLAPP motions. (See Docket No. 263 (11-4272) [Ninth Circuit Mandate (“Mandate”)] at 6-7.) The Ninth Circuit affirmed this Court’s holding that the anti-SLAPP claims were “‘frivolous solely intended to cause unnecessary delay.’” (Id.) They also found that “[r]easonable attorney’s fees [were] . . . warranted in connection with the anti-SLAPP appeal,” and ordered Defendants to bear the costs of appeal. (Id. at 7-8.) They remanded it to this Court to determine the “proper fees and costs.” (Id. at 7.) The Court has not received any opposition from Defendants to the submitted requests 1 CV-90 (06/04) Note, this is the only amendment. The previous order erroneously named nominal defendant USAE. CIVIL MINUTES - GENERAL Page 1 of 2 LINKS: 277 (11-4272); 276 (11-4574) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA AMENDED CIVIL MINUTES - GENERAL Case No. CV 11-4272 GAF (SPx) CV 11-4574 GAF (SPx)* Date Title November 4, 2014 DeFrees et al. v. John C. Kirkland, et al.; Camofi Master LDC et al. v. Jerrold Pressman et al. for attorney’s fees and costs. Having reviewed the submitted materials, the Court finds the fees and costs appear to be reasonable. Accordingly, the Court hereby GRANTS the DeFrees Plaintiffs’ request for fees and expenses against the DeFrees Defendants, jointly and severally, in the amount of $206,979 and $11,676, respectively. The Court also GRANTS the CAM Plaintiffs’ request for fees and costs against the CAM Fund Defendants, jointly and severally, in the amount of $73,725.18 and $4,135.00, respectively. IT IS SO ORDERED. CV-90 (06/04) CIVIL MINUTES - GENERAL Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?