United Tactical Systems, LLC v. Real Action Paintball, Inc. et al
Filing
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ORDER by Judge Maria-Elena James denying without prejudice 213 Motion for Attorney Fees. (mejlc2S, COURT STAFF) (Filed on 6/21/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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UNITED TACTICAL SYSTEMS, LLC,
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Case No. 14-cv-04050-MEJ
Plaintiff,
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ORDER DENYING WITHOUT
PREJUDICE MOTION FOR
ATTORNEYS’ FEES
v.
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REAL ACTION PAINTBALL, INC., et al.,
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Defendants.
Re: Dkt. No. 213
United States District Court
Northern District of California
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AND RELATED ACTION AND CROSS
ACTION
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On November 11, 2015, the Court granted in part and denied in part Counter-Defendants‟
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Motion to Strike Counter-Claimants‟ claims under California Code of Civil Procedure section
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425.16, California‟s “Anti-SLAPP”1 statute. Dkt. No. 191. Counter-Defendants now move for
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attorney fees and costs under section 425.16(c)(1), which provides that a prevailing defendant on a
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special motion to strike is entitled to recover attorney‟s fees and costs. Mot., Dkt. No. 213; see
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Cal. Civ. Proc. Code 425.16(c)(1).
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Having reviewed the parties‟ papers, the record in this case, and the relevant legal
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authority, the Court finds it premature to rule on this matter at this time. While the Court granted
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in part Counter-Defendants‟ Anti-SLAPP Motion, it has not yet entered a judgment related to that
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Order. This matters because the Court generally cannot award attorneys‟ fees and costs until
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entering judgment. Fed. R. Civ. P. 54(d)(2)(B)(i)-(ii) (motion for attorney‟s fees “must . . . be
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filed no later than 14 days after the entry of judgment; [and] specify the judgment. . . entitling the
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SLAPP is an acronym for Strategic Lawsuits Against Public Participation. See Makaeff v. Trump
Univ., LLC, 715 F.3d 254, 261 (9th Cir. 2013).
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movant to the award.”); see Fed. R. Civ. P. 54(a) (“„Judgment‟ as used in these rules includes . . .
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any order from which an appeal lies.”); J.P. Hyan v. Rosslyn Beth Hummer, Esq., __ F.3d__, 2016
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WL 3254701, at *2 (9th Cir. June 14, 2016) (an appeal lies following the issuance of “final
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decisions” on the merits entered by the district courts; “[a] decision is final when it „ends the
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litigation on the merits and leaves nothing for the court to do but execute the judgment.‟”).2 “The
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Federal Rules of Civil Procedure clearly state that „any order or other decision, however
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designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all
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the parties‟ is not final.” J.P. Hyan, 2016 WL 3254701, at *2 (quoting Fed. R. Civ. Pro. 54(b))
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(emphasis in cited case, not in rule); see also New Show Studios LLC v. Needle, 2015 WL
5567744, at *5 (C.D. Cal. Sept. 21, 2015) (awarding attorney‟s fees under the anti-SLAPP statute
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United States District Court
Northern District of California
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but ultimately finding defendants were not entitled to a Rule 54(b) judgment at that time, and that
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“the notion that defendants need[ed] to recover these costs . . . [before they were unrecoverable],
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d[id] not constitute an unusual case justifying entry of partial final judgment.”).
As several of Counter-Claimant‟s claims still remain, the only way by which the Court
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could enter a judgment under these circumstances is pursuant to Rule 54(b), which provides that
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“[w]hen an action presents more than one claim for relief . . . the court may direct entry of a final
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judgment as to one or more, but fewer than all, claims or parties only if the court expressly
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determines that there is no just reason for delay.” Fed. R. Civ. P. 54(b). In considering whether
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there is just reason for delay, the Court considers administrative concerns and “such factors as the
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interrelationship of the claims so as to prevent piecemeal appeals.” AmerisourceBergen Corp. v.
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Dialysist W., Inc., 465 F.3d 946, 954 (9th Cir. 2006) (citation omitted). In this sense, the district
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court acts as a “dispatcher” to determine the “appropriate time” when each final decision in a
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multiple claims action is ready for appeal, among other things. Curtiss-Wright Corp. v. Gen. Elec.
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Co., 446 U.S. 1, 10 (1980). It is left to the sound judicial discretion of the district court to
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determine the appropriate time to issue a Rule 54(b) judgment. Id. at 10.
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The Ninth Circuit further noted in J.P. Hyan that while the grant of an anti-SLAPP motion to
strike is treated as final in California courts, see Cal. Civ. Proc. Code § 425.16(i), under the Erie
doctrine, federal courts sitting in diversity apply state substantive law and federal procedural law;
thus, the Federal Rules apply in assessing a final judgment. 2016 WL 3254701, at *2.
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Given the foregoing, the Court exercises its discretion to postpone entering judgment
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related to its Order granting in part Counter-Defendants‟ Anti-SLAPP motion— there are multiple
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claims still being litigated and entering judgment at this time would risk unnecessary piecemeal
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appeals. Without such a judgment, the Court likewise finds ruling on Counter-Defendants‟
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Motion for Attorney‟s Fees and Costs premature—these matters are better litigated at the
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conclusion of the litigation along with issues related to the other claims. See Kolodrivskiy v.
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Wachovia Bank, Mortg., 2011 WL 4101223, at *1 (E.D. Cal. Sept. 13, 2011) (denying fee motion
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prior to entry of final judgment and declining to enter partial final judgment); RD Legal Funding,
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LLC v. Erwin & Balingit, LLP, 2010 WL 1416968, at *1-2 (S.D. Cal. Apr. 8, 2010) (same);
Camellia Park Homeowners Assoc. v. Greenbriar Homes Co., 882 F. Supp. 150, 150-51 (N.D.
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United States District Court
Northern District of California
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Cal. 1995) (same).
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For these reasons, Counter-Defendants‟ Motion for Attorney‟s Fees and Costs is DENIED
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WITHOUT PREJUDICE. Counter-Defendants may re-file their motion after the entry of final
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judgment in this action.
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IT IS SO ORDERED.
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Dated: June 21, 2016
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge
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