Aoki et al v. Gilbert et al

Filing 488

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/19/2021 GRANTING 477 Request for Attorneys' Fees in connection with the previously granted motion to compel, and AWARDING Plaintiffs sanctions in the amount of $3,500.00 to be paid by defendants-judgment debtors Gregory Ford Gilbert and Trina Health, LLC (jointly and severally). Such sanctions must be paid within 10 days of this order. (Huang, H)

Case 2:11-cv-02797-TLN-CKD Document 488 Filed 07/19/21 Page 1 of 2
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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, et al.,

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Plaintiffs-Judgment
Creditors,
v.

No. 2:11-cv-2797 TLN CKD
ORDER
(ECF Nos. 477, 483)

GREGORY FORD GILBERT, et al.,
Defendants-Judgment
Debtors.

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On July 6, 2021, the undersigned granted plaintiffs’ motion to compel, ordering

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defendants-judgment debtors to respond to discovery related to their debtor examinations; but the

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court delayed ruling on plaintiffs’ request for attorneys’ fees incurred in bringing said motion

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under Federal Rule of Civil Procedure 37(a)(5), pending submission of an itemized billing record

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by plaintiffs’ counsel. (ECF No. 482.) On July 8, 2021, plaintiffs’ counsel Duyen T. Nguyen

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filed a supplemental declaration containing a breakdown of her billing on this matter. (ECF

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No. 483.) Although defendants-judgment debtors were afforded seven days to oppose the

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reasonableness of the hours spent (ECF No. 482 at 3), they filed no opposition.

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Having taken the request under submission, the court now GRANTS plaintiffs’ request for

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attorneys’ fees under Rule 37(a)(5). Defendants-judgment debtors’ continued failure to respond

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to plaintiffs’ discovery requests related to the debtor examinations is not substantially justified,
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Case 2:11-cv-02797-TLN-CKD Document 488 Filed 07/19/21 Page 2 of 2
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and the court is aware of no other circumstances that would make an award of expenses unjust.

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See Fed. R. Civ. P. 37(a)(5)(A)(ii)-(iii), 69(a)(2). Plaintiffs’ counsel requests $3,500 in attorneys’

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fees for the 10 hours spent bringing the motion to compel. (ECF No. 477 at 7-10; ECF No. 483

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at 2.) The undersigned continues to find reasonable the previously approved hourly rate of

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$350.00 that Ms. Nguyen reasserts for this request. (See ECF No. 244.) Upon review of the

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unopposed billing record submitted, the court also finds reasonable the number of hours expended

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on the motion to compel.

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Accordingly, it is HEREBY ORDERED THAT:
1. Plaintiffs’ request for attorneys’ fees in connection with the previously granted motion to
compel (ECF No. 477) is GRANTED; and

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2. Plaintiffs are awarded sanctions pursuant to Federal Rule of Civil Procedure 37(a)(5)(A)

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in the amount of $3,500.00 to be paid by defendants-judgment debtors Gregory Ford

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Gilbert and Trina Health, LLC (jointly and severally), due to the conduct that necessitated

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the motion to compel, as articulated in the court’s prior orders. Such sanctions must be

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paid within 10 days of this order.

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Dated: July 19, 2021
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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19.2797.aoki

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