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)

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

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