Yufa v. TSI Incorporated

Filing 287

ORDER by Judge Kandis A. Westmore denying Plaintiff's 276 Ex Parte Application to compel financial documentation. (kawlc1, COURT STAFF) (Filed on 2/9/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALEKSANDR L. YUFA,
Plaintiff,

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United States District Court
Northern District of California

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v.
TSI INCORPORATED,

Case No. 4:09-cv-01315-KAW
ORDER DENYING PLAINTIFF'S EX
PARTE APPLICATION TO COMPEL
FINANCIAL DOCUMENTATION
Re: Dkt. No. 276

Defendant.

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On January 8, 2018, Plaintiff Aleksandr L. Yufa filed an ex parte application to compel all

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Defendant’s financial documentation related to its attorneys’ fees and costs. (Pl.’s Appl., Dkt. No.

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276.) Defendant TSI Incorporated filed an opposition on January 22, 2018. (Def.’s Opp’n, Dkt.

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No. 283.) On January 24, 2018, Plaintiff filed a reply. (Dkt. No. 286.)

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The application may be denied on numerous grounds. First, Plaintiff impermissibly filed

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the ex parte application, as he failed to cite to the statute, rule, or order which permits his ex parte

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motion, as required by Civil Local Rule 7-10 (“The motion must include a citation to the statute,

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rule or order which permits the use of an ex parte motion to obtain the relief sought.”).

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Furthermore, not only did discovery close long ago, but Dr. Yufa did not comply with Federal

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Rule of Civil Procedure 37, as he did not identify any discovery request, or obligation, that TSI

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refused to answer. (See Def.’s Opp’n at 3.)

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Most importantly, the Court already ruled on Defendant’s motion for attorneys’ fees, when

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it awarded fees in the amount of $154,702.75 and non-taxable costs in the amount of $4,343.05 on

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August 14, 2014. (Dkt. No. 198.) On September 3, 2014, the Court entered judgment in the total

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amount of $166,364.88 ($154,702.75 in attorneys’ fees, $4,343.05 in non-taxable costs and

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$7,319.08 in taxable costs). (Dkt. No. 205.) Since judgment has been entered, Dr. Yufa is not

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entitled to any additional information or documentation pertaining to the award of attorneys’ fees

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and costs.

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Accordingly, Plaintiff’s ex parte application is DENIED.

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IT IS SO ORDERED.

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Dated: February 9, 2018
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KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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