Matuk v. Hoshino

Filing 23

Order awarding fees and costs. Signed by Judge James Donato on 11/25/2014. (jdlc3S, COURT STAFF) (Filed on 11/25/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUBEN MATUK,

Case No. 13-cv-00204-JD

Plaintiff,
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v.

ORDER AWARDING FEES AND
COSTS

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MARTIN HOSHINO,
Defendant.

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United States District Court
Northern District of California

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On November 21, 2014, the Court ordered counsel for respondent in this case to show

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cause why monetary sanctions should not be imposed for his failure to appear at a hearing on

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petitioner’s habeas corpus petition. See Dkt. No. 21. The Court’s order also directed counsel for

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petitioner to file a bill of costs detailing reasonable fees and costs he incurred in appearing at the

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hearing, so that the Court could order respondents to reimburse him. Id.

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At the order to show cause hearing on November 25, 2014, counsel for respondent did not

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present good cause for failing to appear. Counsel blamed the Attorney General’s docketing staff

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for failing to advise him about the hearing date, but also made statements seeming to indicate that

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the hearing date was entered into the internal tracking system used at the Attorney General’s

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office, although he only saw it there after the fact. In any event, counsel’s failure to appear caused

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substantial cost and inconvenience to petitioner’s counsel, who traveled from Seattle for what

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turned out to be a non-event. The Court also notes that several individuals sat in the gallery for

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the petition hearing who undoubtedly took time off from work or school to be there.

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Consequently, in light of the unexcused failure to appear, the Court awards counsel for

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petitioner reasonable travel costs and attorney’s fees incurred for the petition hearing. See Bill of

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Costs, Dkt. No. 22. The Court awards counsel fees for 6.9 hours out of the 13.8 he spent

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preparing for the hearing. Those hours are cut back because some of the prep time will carry over

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for the next petition hearing. The bill of costs also shows that he spent $509.93 traveling between

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Seattle (where he is based) and San Francisco for the hearing. Id. at 1-2, Ex 1. Respondent is

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ordered to pay petitioner’s counsel a total amount of $4,679.93 within 30 days of this order.

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Respondent is also ordered to file, within one week of this order, an explanation of what
steps it has taken to ensure that calendaring errors do not occur again
IT IS SO ORDERED.
Dated: November 25, 2014
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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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