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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ALEKSANDR L. YUFA, Plaintiff, 8 9 10 United States District Court Northern District of California 11 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. 12 13 On January 8, 2018, Plaintiff Aleksandr L. Yufa filed an ex parte application to compel all 14 Defendant’s financial documentation related to its attorneys’ fees and costs. (Pl.’s Appl., Dkt. No. 15 276.) Defendant TSI Incorporated filed an opposition on January 22, 2018. (Def.’s Opp’n, Dkt. 16 No. 283.) On January 24, 2018, Plaintiff filed a reply. (Dkt. No. 286.) 17 The application may be denied on numerous grounds. First, Plaintiff impermissibly filed 18 the ex parte application, as he failed to cite to the statute, rule, or order which permits his ex parte 19 motion, as required by Civil Local Rule 7-10 (“The motion must include a citation to the statute, 20 rule or order which permits the use of an ex parte motion to obtain the relief sought.”). 21 Furthermore, not only did discovery close long ago, but Dr. Yufa did not comply with Federal 22 Rule of Civil Procedure 37, as he did not identify any discovery request, or obligation, that TSI 23 refused to answer. (See Def.’s Opp’n at 3.) 24 Most importantly, the Court already ruled on Defendant’s motion for attorneys’ fees, when 25 it awarded fees in the amount of $154,702.75 and non-taxable costs in the amount of $4,343.05 on 26 August 14, 2014. (Dkt. No. 198.) On September 3, 2014, the Court entered judgment in the total 27 amount of $166,364.88 ($154,702.75 in attorneys’ fees, $4,343.05 in non-taxable costs and 28 $7,319.08 in taxable costs). (Dkt. No. 205.) Since judgment has been entered, Dr. Yufa is not 1 entitled to any additional information or documentation pertaining to the award of attorneys’ fees 2 and costs. 3 Accordingly, Plaintiff’s ex parte application is DENIED. 4 IT IS SO ORDERED. 5 Dated: February 9, 2018 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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