Premier Pool Management Corp. v. Lusk et al

Filing 18

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/25/12 ORDERING that, within seven days of this order, plaintiff's counsel shall file a supplemental declaration. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PREMIER POOL MANAGEMENT
CORP.,

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Plaintiff,

No. CIV S-11-2896 GEB CKD

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vs.
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FRANKLIN DEAN LUSK et al.,
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ORDER

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Defendants.

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Presently pending before the court is plaintiff’s motion for default judgment.1

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(Dkt. No. 12.) The motion was previously submitted on the record without oral argument.

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Plaintiff’s motion includes a request for costs and attorneys’ fees. In his declaration in support of

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the motion, plaintiff’s counsel indicates that he spent in excess of 36 hours on this case, and that

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the total value of that time, based upon his hourly rate, is in excess of $10,440. He also claims

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that the total amount of expenses incurred by his client is $1,754.87. (Dkt. No. 12-3, ¶ 7.)

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However, plaintiff’s counsel fails to attach billing records showing a breakdown of the hours

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spent on various activities or receipts/invoices for the costs incurred.

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Accordingly, plaintiff’s counsel will be required to file a supplemental declaration
that, at a minimum: (a) provides counsel’s applicable billing rate(s); (b) attaches billing records

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This action is before the undersigned pursuant to E.D. Cal. L.R. 302(c)(19) and 28
U.S.C. § 636(b)(1).
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and/or other appropriate documentation from which the court can determine how much time was

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spent on various activities and whether the time spent was reasonable; (c) attaches receipts or

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invoices for the costs related to this action incurred by plaintiff; and (d) provides the authority

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pursuant to which each item of costs may be recovered.

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This order is issued merely to allow for supplementation of the record before the

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court and shall not be construed as final findings and recommendations with respect to plaintiff’s

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entitlement to its attorneys’ fees and costs, or as to the merits of plaintiff’s claims.

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Accordingly, IT IS HEREBY ORDERED THAT, within seven (7) days of this

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order, plaintiff’s counsel shall file a supplemental declaration that, at a minimum: (a) provides

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counsel’s applicable billing rate(s); (b) attaches billing records and/or other appropriate

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documentation from which the court can determine how much time was spent on various

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activities and whether the time spent was reasonable; (c) attaches receipts or invoices for the

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costs related to this action incurred by plaintiff; and (d) provides the authority pursuant to which

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each item of costs may be recovered.

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Dated: April 25, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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CKD/5
PremierPool.2896.suppl.wpd

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