Hendrik Block v. Vartanian et al
Filing
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ORDER Adopting 53 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Lawrence J. O'Neill on 12/13/2017. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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HENDRIK BLOCK,
Plaintiff,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
v.
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Case No. 1:16-cv-00650-LJO-SKO
(Doc. No. 53)
GARY CHRISTIAN; BONNIE M.
CHRISTIAN; AMANDA FLOREZ dba
PUBLIC AUCTION R US,
Defendants.
_____________________________________/
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On July 7, 2017, Plaintiff Hendrik Block (“Plaintiff”) filed a motion for attorney’s fees,
22 costs, and litigation expenses against Defendants Gary Christian, Bonnie M. Christian, and
23 Amanda Florez dba Public Auction R Us (collectively “Defendants”). (Doc. 51.) On November
24 13, 2017, the assigned magistrate judge issued findings and recommendations recommending that
25 Plaintiff be awarded attorney’s fees in the amount of $25,492.50 (54.90 hours at $325 per hour
26 and 25.5 hours at $300 per hour), paralegal fees in the amount of $3,782.00 (23.2 hours at $115
27 per hour, 6.3 hours at $115 per hour, and 4.1 hours at $95 per hour), and costs of suit in the
28 amount of $5,673.94. (Doc. 53.) Those findings and recommendations were served on all parties
1 appearing in this action and contained notice that any objections were to be filed within twenty2 one (21) days after service. (Doc. 53.)
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On December 1, 2017, Plaintiff filed objections to the findings and recommendations.
4 (Doc. 54.) Plaintiff objected, first, to the magistrate judge’s finding that the reasonable hourly rate
5 for Plaintiff’s lead counsel, Zachary M. Best, Esq., is $325 per hour, rather than the requested rate
6 of $350 per hour. (Id. at 2-3.) Plaintiff further objected to the magistrate judge’s reduction in the
7 time Plaintiff’s lead counsel, Mr. Best, purportedly expended on the motion for attorney’s fees.
8 (Id. at 4.) To date, Defendants have filed no objections, and the time for filing objections has
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has
11 conducted a de novo review of the case. Having carefully reviewed the entire file, the court finds
12 the findings and recommendations to be supported by the record and by proper analysis.1
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Accordingly,
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1.
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The findings and recommendations (Doc. 53), dated November 13, 2017, are
adopted in full;
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2.
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Plaintiff is awarded attorney’s fees in the amount of $25,492.50, paralegal fees in
the amount of $3,782.00, and costs of suit in the amount of $5,673.94.
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3.
This action is closed.
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IT IS SO ORDERED.
Dated:
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/s/ Lawrence J. O’Neill _____
December 13, 2017
UNITED STATES CHIEF DISTRICT JUDGE
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The Court notes that “Plaintiff acknowledges that some reduction of hours [from 33.8 to 15 hours] for the fees
application might be warranted.” (Doc. 54 at 4 (emphasis added).) Additionally, it is worth noting that Plaintiff does
not address Trujillo v. Lakhani, No. 1:17-cv-00056-LJO-SAB, 2017 WL 1831942, at *8 (E.D. Cal. May 8, 2017), in
which this Court previously rejected the request by Plaintiff’s lead counsel, Mr. Best, for an hourly rate of $350, and
instead awarded an hourly rate of $300, on the ground that “only half of Mr. Best’s experience is in representing
plaintiffs and defendants in ADA cases.”
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