C.B. v. Sonora School District, et al.

Filing 197

ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEY'S FEES, see #196 , signed by Senior Judge Oliver W. Wanger on 09/30/11. (Coffman, Lisa)

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5 JOHN F. MARTIN, ESQ. (SBN 52618) CHRISTINE HOPKINS, ESQ. (SBN 240248) LAW OFFICES OF JOHN F. MARTIN A Professional Corporation 3100 Oak Road, Suite 230 Post Office Box 5331 Walnut Creek, CA 94596 Telephone: (925) 937-5433 Facsimile: (925) 938-5567 6 Attorneys for Plaintiff, C.B. 1 2 3 4 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA (FRESNO DIVISION) 11 12 C.B., a minor, Case No. 1:09-CV-00285-OWW-SMS Plaintiff, 13 14 v. 15 CITY OF SONORA; CHIEF OF POLICE MACE MCINTOSH; OFFICER HAL PROCK, 16 ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS FEES Trial Completed: August 23, 24, 25, 26, 30, 31 & September 1, 2011 18 Courtroom: Hon.: 3 Oliver W. Wanger Action filed: Defendants. 17 2/13/09 19 20 21 The Court having read the moving and opposing papers and considering the evidence 22 herein finds Plaintiff’s Motions for Attorneys Fees appropriate for determination without oral 23 24 argument. Pursuant to the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988 , the 25 26 27 Court finds Plaintiff C.B. the prevailing party and hereby grants Plaintiff C.B.’s Motion for Attorneys fees and orders as follows: 28 Case No. 1:09-CV-00285-OWW-SMS 1 (1) 2 and his attorneys of record against the Defendants City of Sonora, Mace 3 McIntosh and Hal Prock. The Court finds that the attorney hours of 544.25 are 4 reasonable and that the rate of $300 per hour is a reasonable rate considering the 5 prevailing compensation for Plaintiffs’ civil rights attorneys in the Fresno 6 7 8 The Court GRANTS attorney’s fees in the amount of $163,275 to Plaintiff C.B. Division and the Kerr factors. (2) The Court further DENIES Plaintiff C.B.’s request for $26,382.85 in expenses which are separate from and in addition to the Bill of Costs. 9 10 11 IT IS SO ORDERED. 12 Date: September 30, 2011 13 /s/ Oliver W. Wanger_________________ HONORABLE OLIVER W. WANGER 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 1:09-CV-00285-OWW-SMS 1

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