Harrell v. Hornbrook Community Services District, et al.

Filing 197

ORDER signed by District Judge Kimberly J. Mueller on 7/24/18, ORDERING that attorneys' fees in the amount of $24,929.50 and costs in the amount of $2,978.67 are AWARDED to defendant Hornbrook and against plaintiff. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER T. HARRELL,

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Plaintiff,

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No. 2:14-cv-01595-KJM-GGH

v.

ORDER

HORNBROOK COMMUNITY
SERVICES DISTRICT, et al.,
Defendants.

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Plaintiff appears in this civil rights matter pro se and informa pauperis.

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On February 15, 2018 the magistrate judge issued findings and recommendations

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recommending a grant of defendants’ motion for attorneys’ fees in the amount of $24,629.50 and

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costs of $2,987.67. ECF No. 190. The parties were given 21 days to file objections to the

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recommendations and warned that a failure to do so might result in a waiver of their right to

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appeal this court’s order. Plaintiff Peter T. Harrell and defendant Roger Gifford filed objections

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on March 5, 2018, ECF No. 192, and March 12, 2018, ECF 193, respectively.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,

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this court has conducted a de novo review of this matter. Having reviewed the file and the

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magistrate judge’s findings and recommendations the court ADOPTS the findings and

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recommendations AS MODIFIED:

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After conducting a de novo review of the case, including a review of the magistrate

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judge’s findings and recommendations (ECF No. 190), the supplemental Muñoz declaration (ECF

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No. 185), and the Muñoz declaration as to costs (ECF No. 165-2), the court notes two arithmetic

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errors: one in the calculation of fees, and one in the calculation of costs.

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The court concludes the magistrate judge intended to award $24,929.50 in fees. Compare

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ECF No. 190 at 14-16 (individual sums totaling $24,929.50 in fees), with id. at 2, 16

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(recommending award of $24,629.50 in fees); see generally Muñoz Suppl. Decl., ECF No. 185.

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Additionally, the court concludes the magistrate judge intended to award $2,978.67 in costs.

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Compare ECF No. 190 at 2, 16 (recommending award of $2,987.67 in costs), with Muñoz Decl. ¶

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20 (individual sums totaling $2,978.67 in costs, consistent with overall request).
The court also notes two typographical errors that do not affect the analysis reflected in

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the findings and recommendations: The date of the Wages v. I.R.S. decision cited at page 13,

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lines 13-14, should be 1990, not 1992. And the year identified at page 15, line 17, should read

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2016, not 2017.

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Accordingly, IT IS HEREBY ORDERED that attorneys’ fees in the amount of $24,929.50
and costs in the amount of $2,978.67 are awarded to defendant Hornbrook and against plaintiff.
IT IS SO ORDERED.
DATED: July 24, 2018.

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UNITED STATES DISTRICT JUDGE

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