Allstate Life Insurance v Dall, et al

Filing 48

ORDER signed by Judge Garland E. Burrell, Jr on 11/17/2009 ORDERING that further clarification and additional information is still required on the attorney's fees Counsel seeks for representing just the minors. A status conference is SET for 12/ 14/2009 at 9:00 a.m. before the Honorable Garland E. Burrell, Jr. in courtroom #10 so that counsel has the opportunity to explain why counsel has not taken the necessary actions for the Kings County Superior Court to assume jurisdiction over this case. A status report shall be filed 7 days before the status conference. The final pretrial and trial dates are VACATED.(Waggoner, D)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 On October 28, 2009, an order issued granting summary judgment in this interpleader action in favor of two minors represented by their guardian ad litem, Beatrice Dall. The summary judgment order directed v. BEATRICE DALL; J.S.D.; E.R.D.; JEANNE CORENE VILORIA; LARRY LEE DALL; SHANNON CHRISTIN OLIVEIRA; SHELLI ALLISON DALL; STEPHEN RAY DALL; BARBARA DALL, Defendants. ALLSTATE LIFE INSURANCE COMPANY, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

2:07-CV-02264-GEB-KJM

the minors' counsel ("Counsel") to file a proposed order "outlining a plan for the disbursement of the interpleader funds that protects the interests of" the minors. On November 5, 2009, Counsel filed a

proposed order, in which Counsel included a request for attorney's fees that have been incurred in this matter. However, since Counsel

failed to provide sufficient information to evaluate Counsel's

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attorney's fee request, Counsel was required to provide further information. On November 16, 2009, Counsel responded with a declaration from Jeffery Levinson, in which he declares that 58.26 hours of attorney time and 52.06 hours of support staff time were expended by his law firm in their representation of Beatrice Dall and the two minors. However, further clarification and additional information is still required on the attorney's fees Counsel seeks for representing just the minors. Counsel has not provided the billing records

necessary to determine whether the attorney's fees requested are reasonable. As the Ninth Circuit states in Chalmers v. City of Los

Angeles, 796 F.2d 1205, 1210 (9th Cir. 1986), "counsel bears the burden of submitting detailed time records, justifying the hours claimed to have been expended." Absent such records, the necessary

inquiry into "the number of hours . . . [Counsel] reasonably expended on the litigation" cannot be made. F.3d 248, 252 (9th Cir. 1994). McGrath v. County of Nevada, 67

Counsel, therefore, shall file with

the Court, no later than November 25, 2009, detailed billing records of the work performed by Counsel in its representation of the two minors. Further, Counsel has indicated that the establishment and supervision of a guardianship estate by the Kings County Superior Court is necessary to disburse the interpleader funds and resolve this action. Counsel, however, has not yet taken the necessary steps to

provide the Kings County Superior Court with jurisdiction over the two minors or the interpleader funds. As a result, a status conference is

scheduled for December 14, 2009, at 9:00 a.m. in courtroom 10, so that Counsel has the opportunity to explain why Counsel has not taken the 2

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necessary actions for the Kings County Superior Court to assume jurisdiction over this case. Counsel shall file a status report seven

days before the status conference, in which Counsel shall explain what actions Counsel has taken, or plans to take and when, so that the Kings County Superior Court can assume jurisdiction over each minor and the interpleader funds. Lastly, the final pretrial and trial dates are vacated. Dated: November 17, 2009

GARLAND E. BURRELL, JR. United States District Judge

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