Craters & Freighters v. Daisychain Enterprises et al

Filing 182

ORDER AWARDING PLAINTIFF ATTORNEYS FEES AND COSTS. Signed by Judge Claudia Wilken on 9/26/2014. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 9/26/2014)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 No. C 09-04531 CW CRATERS & FREIGHTERS, Plaintiff, 6 7 8 9 United States District Court For the Northern District of California 10 11 12 ORDER AWARDING PLAINTIFF ATTORNEYS’ FEES AND COSTS v. DAISYCHAIN ENTERPRISES, dba FREIGHT & CRATE; CATHY BENZ; and FRED BENZ. Defendants. ________________________________/ On May 22, 2014, the Court entered an order granting 13 Plaintiff’s motion for contempt sanctions against Defendants Cathy 14 Benz and Fred Benz. 15 Plaintiff’s reasonable attorneys’ fees and costs expended in 16 pursuing the motion for order to show cause. 17 Plaintiff to submit its attorneys’ billing records and hourly 18 rates and gave Defendants an opportunity to respond. 19 The Court further ordered Defendants to pay The Court directed Plaintiff has filed the declaration of its attorney, John 20 Schmitz, attaching a statement of fees and costs incurred in 21 pursuing the two motions for orders to show cause. 22 deadline to respond to the declaration was August 19, 2014. 23 date, Defendants have not filed a response. 24 Defendants’ To Plaintiff claims 9.6 hours of attorney Schmitz’s time at a 25 rate of $235 per hour and 2.6 hours of paralegal time at a rate of 26 $85 per hour. 27 fees and costs total $2,527.31. 28 costs claimed are reasonable. In addition Plaintiff claims $50.31 in costs. The The Court finds that the fees and Within seven days of the date of 1 this order, Defendants shall pay Plaintiff $2,527.31. 2 payments must be made by money order or cashier’s check. 3 promissory note is not sufficient payment. 4 unable to pay this amount within seven days, they shall pay what 5 they can and shall file a financial affidavit and a proposed 6 payment plan within seven days of the date of this order. 7 All A If Defendants are IT IS SO ORDERED. 8 9 United States District Court For the Northern District of California 10 Dated: September 26, 2014 CLAUDIA WILKEN United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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