AmeriCom Automation Services, Inc. v. Metropolitan Electrical Construction, Inc.

Filing 51

ORDER by Judge Charles R. Breyer granting 48 Motion for Attorney Fees. (crblc1, COURT STAFF) (Filed on 8/5/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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AMERICOM AUTOMATION SERVICES
INC,

ORDER GRANTING FEES MOTION

Plaintiff,

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v.

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No. C 14-01217 CRB

METROPOLITAN ELECTRICAL
CONSTRUCTION INC.,

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Defendant.

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Defendant Metropolitan Electrical Construction filed a Motion for Attorneys’ Fees on

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June 30, 2014. See Mot. (dkt. 48). Defendant’s Motion is based on: (1) a clause in its

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contract with Plaintiff providing that the “[p]revailing party in any dispute shall be entitled to

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an award of its attorney fees and costs incurred,” RJN (dkt. 48-3) Ex. A at 7; (2) the Court’s

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having dismissed Plaintiff’s case and entered judgment for Defendant, id. Exs. B, C; and (3)

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billing records documenting that it incurred $30,955.96 in fees and costs, Lum Decl. (dkt. 48-

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2). When Plaintiff failed to timely file an opposition, the Court ordered Plaintiff to show

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cause why Defendant’s Motion should not be granted. See OSC (dkt. 50). Plaintiff has

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failed to oppose the Motion or respond to the Court’s Order. Accordingly, and good cause

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appearing therefor, the Court VACATES the hearing currently set for August 15, 2014, and

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//

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GRANTS Defendant’s Motion.
IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: August 5, 2014

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United States District Court
For the Northern District of California

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G:\CRBALL\2014\1217\order re fees.wpd

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