Aoki et al v. Gilbert et al

Filing 244

ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/18/17 ORDERING that Plaintiff's 231 request for $3,500 in fees and costs is GRANTED; defendant shall pay the plaintiff the amount of $3,500 within 10 days. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS T. AOKI,

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No. 2:11-cv-2797 TLN CKD

Plaintiff,
v.

ORDER

GREGORY FORD GILBERT, et al.,

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Defendant.

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On June 15, 2017, this court requested supplemental briefing in support of plaintiff’s

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request for $3,500 in fees and costs associated with a motion to compel that has been granted.

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(ECF No. 240.) On June 26, 2017, plaintiff filed a brief in support of attorneys’ fees and costs.

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(ECF No. 241.) Defendant did not respond. Upon review of the documents in support and good

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cause appearing therefor, THE COURT FINDS AS FOLLOWS:

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“In determining a reasonable hourly rate, the district court should be guided by the rate

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prevailing in the community for similar work performed by attorneys of comparable skill,

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experience, and reputation.” Ingram v. Oroudjian, 647 F.3d 925, 928 (9th Cir. 2011) (quotation

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marks omitted).

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The attorney who performed the work to be reimbursed is Duyen T. Nguyen, “a San

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Francisco-based attorney with over 14 years’ complex business litigation experience where she

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has handled matters through trial.” (ECF No. 241 at 4.) Plaintiff sufficiently established that an
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hourly rate of $350-$450 per hour is a reasonable rate for attorneys practicing in Sacramento,

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with a similar level of experience to Ms. Nugyen. (See Id. at 2–3; Morgan Hill Concerned

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Parents Association, et al., v. California Department of Education, No. 2:11-cv-03471-KJM-AC,

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2017 WL 2492850 at *1 (E.D. Cal. 2017); Cosby v. Autozone, Inc., No. 2:08-CV-00505-KJM-

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DAD, 2016 WL 1626997, at *7 (E.D. Cal. Apr. 25, 2016); Trulsson v. Cty. of San Joaquin Dist.

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Attorneys’ Office, Civ. No. 2:11-02986-KJM-DAD, 2014 WL 5472787, at *6 (E.D. Cal. 2014);

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Lin v. Dignity Health, Civ. No. S–14–0666 KJM CKD, 2014 WL 5698448 at *3, (E.D. Cal.

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2014).) Furthermore, plaintiff sufficiently demonstrated that plaintiff incurred well over

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$3500.00 in fees and costs in bringing the motion to compel. (See ECF No. 241 at 4–6, exs. A

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and B (“In sum, as the total fees and costs incurred actually totals $6930.64, Plaintiff has already

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preemptively reduced the sanctions amount requested by at least 50%.”).)

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Accordingly, it is HEREBY ORDERED THAT:

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1.

Plaintiff’s request for $3,500 in fees and costs (ECF No. 231) is GRANTED.

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2.

Within ten (10) days of this order, defendant shall pay the plaintiff the amount of

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$3,500.

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IT IS SO ORDERED.

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Dated: July 18, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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14/11.2797.aoki. order granting attorney fees

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