Sustainable Pavement Technologies, LLC v. Holiday et al

Filing 92

ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/19 ORDERING that by November 22, 2019, plaintiff's counsel to review plaintiff's submitted attorneys' fees and costs to ensure they are properly attributable to prosecuting the case against this particular defendant. If plaintiff finds that some entries are not properly attributable to this defendant, plaintiff's counsel is to resubmit his billing sheets and file a declaration with the court explaining how the fees plaintiff is claiming, which mention other defendants, are associated with defendant Rich Holiday. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SUSTAINABLE PAVEMENT
TECHNOLOGIES, LLC,
Plaintiff,

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ORDER
v.

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No. 2:17-cv-02687-WBS-KJN

RICH HOLIDAY, et al.,
Defendants.

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Presently pending before the court is plaintiff Sustainable Pavement Technologies, LLC’s

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motion for attorneys’ fees and costs against defendant Rich Holiday. (ECF No. 84.) The court

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previously granted plaintiff’s motion for default judgment and awarded plaintiff $914,181 in

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damages. (ECF No. 80.) Plaintiff appeared through counsel at the hearing on its motion; no one

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appeared for defendant.
Plaintiff appears to be entitled to attorneys’ fees pursuant to Cal. Pen. Code § 496(c).

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However, “district courts have considerable discretion in determining attorney’s fees.” Corder v.

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Gates, 947 F.2d 374, 380 (9th Cir. 1991). For example, a court may reduce fees which reflect an

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attorney’s work prosecuting a case against a litigant no longer a party to the suit. See Cataphora

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Inc. v. Parker, 848 F. Supp. 2d 1064, 1070 (N.D. Cal. 2012).

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In light of this, as the record currently stands the court cannot ascertain how some of

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plaintiff’s claimed fees are associated with this particular defendant, precluding substantial

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review.

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Accordingly, by November 22, 2019, plaintiff’s counsel is ORDERED to:

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1. Review plaintiff’s submitted attorneys’ fees and costs to ensure they are properly

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attributable to prosecuting the case against this particular defendant. If plaintiff finds that some

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entries are not properly attributable to this defendant, plaintiff’s counsel is to resubmit his billing

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sheets; and

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2. File a declaration with the court explaining how the fees plaintiff is claiming, which

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mention other defendants, are associated with defendant Rich Holiday.

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Dated: November 15, 2019

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