Boulton et al v. U.S. Tax Lien Assoc.

Filing 55

ORDER signed by Magistrate Judge Allison Claire on 8/9/2018 DIRECTING plaintiffs to PAY to defendants $7,450 in fees as sanctions within 10 days of this order. Failure to timely comply with this order will result in further sanctions. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KERRY BOULTON, et al.,

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Plaintiffs,

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No. 2:15-cv-2384 MCE AC

v.

ORDER

U.S. TAX LIEN ASSOCIATION, LLC, et
al.,
Defendants.

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On July 18, 2018, the undersigned granted defendants’ motion to compel and for sanctions

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and ordered defendants to submit the billing records necessary to calculate fees. Id. Defendants

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have done so, and the court hereby orders fees in the amount of $7,450.

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I.

Relevant Background

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On June 20, 2018, defendants filed a motion to compel and for sanctions. ECF No. 48.

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On July 16, 2018, the court determined that oral argument was not necessary and submitted the

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motion on the papers. ECF No. 50. On July 18, 2018, the court granted defendants’ motion and

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ordered that an award of fees as sanctions would follow separately upon the submission of the

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necessary documentation from defendants. ECF No. 51. Defendants submitted the necessary

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documentation on July 23, 2018. ECF No. 52. Plaintiffs did not file a response or objections.

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II.

Analysis

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The parties have not disputed that the appropriate method for computing fees in this case

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is the lodestar approach, in which the court multiplies the number of hours reasonably expended

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on the litigation by a reasonable hourly rate. Cunningham v. City of Los Angeles, 879 F.2d 481,

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484 (9th Cir. 1988). In order to reach a determination of total fees owed as sanctions, the court

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must consider (1) when the billable hours began to run towards sanctions, and (2) the appropriate

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rates by which to multiply the hours for each billing individual.

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As to the first matter, the court determines that hours began to run towards sanctions for
all discovery related efforts in connection with the motion to compel commencing on May 16,

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2018. It is clear to the court that had plaintiffs responded and participated in defendants’

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discovery requests, no further hours spent on discovery-related conflict would have been

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necessary. Thus, the court accepts the hours presented for the attorneys and paralegal represented

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in Jennifer L. Johnson’s Declaration. ECF No. 52.

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With respect to rates, defendants calculate their rates at an amount higher than the “local

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rates” previously determined by this court. The court has recently held rates at $350 per hour for

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attorneys and $75 per hour for paralegals are appropriate in this district. Morgan Hill Concerned

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Parents Ass’n v. California Dep’t of Educ., No. 2:11-CV-03471-KJM-AC, 2017 WL 2492850, at

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*3 (E.D. Cal. June 9, 2017); see also Ass’n v. California Dep’t of Educ., No. 2:11-CV-03471-

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KJM-AC, 2017 WL 2492850, at *1 (E.D. Cal. June 9, 2017), Orr v. California Highway Patrol,

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2015 WL 9305021 at * 4, 2015 U.S. Dist. LEXIS 170862 at *13 (E.D. Cal. 2015) (Shubb, J.);

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Lin v. Dignity Health, 2014 WL5698448 at *3, 2014 U.S. Dist. LEXIS 155980 at *7-8 (E.D. Cal.

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2014) (Mueller, J.). Though the court has reviewed the submitted declarations and understands

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that defendants’ counsel ordinarily bills at higher rates, the court does not find good cause to

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deviate from the ordinarily enforced rates in this district. A calculation of defendants’ billed time

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since May 16, 2018 at the accepted local rate yields a total sum higher than the amount sought as

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sanctions. Accordingly, the court will limit the award to defendants’ request of sanctions in the

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amount of $7,450.

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III.

Conclusion

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For the reasons explained above, it is hereby ordered that plaintiffs shall pay to defendants

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$7,450 in fees as sanctions within 10 days of this order. Failure to timely comply with this order

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will result in further sanctions.

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IT IS SO ORDERED.
DATED: August 9, 2018

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