Board of Trustees of the Northern California Sheet Metal Workers Health Care Plan et al v. Efficient Energy Concepts, Inc.

Filing 19

ORDER DIRECTING PLAINTIFFS TO FILE SUPPLEMENTAL BRIEF RE ATTORNEYS FEES. Signed by Judge Beeler on 11/16/2011. (lblc1, COURT STAFF) (Filed on 11/16/2011)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 Oakland Division 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 BOARD OF TRUSTEES OF THE NORTHERN CALIFORNIA SHEET METAL, et al, 13 Plaintiffs, v. No. C 11-02626 LB ORDER DIRECTING PLAINTIFFS TO FILE SUPPLEMENTAL BRIEF RE ATTORNEYS FEES 14 EFFICIENT ENERGY CONCEPTS, INC., 15 16 Defendant. _____________________________________/ 17 In the above-captioned matter, Plaintiffs filed a motion for default judgment. ECF No. 11.1 18 Plaintiffs seek attorneys’ fees. Id. at 4. Plaintiffs’ counsel filed a declaration in support of the 19 application for the award of attorneys’s fees. Carroll Decl., ECF No. 14 at 2, ¶ 5. The undersigned 20 directs Plaintiffs’ counsel to supplement his declaration to address the deficiency identified below. 21 A fee applicant must show that he exercised billing judgment in the preparation of the attorney’s 22 fee application and that the requested hours were reasonably expended (i.e., not duplicative, 23 unproductive, excessive or otherwise unnecessary). Hensley v. Eckerhart, 461 U.S. 424, 434 (1983). 24 Detailed billing records – e.g., hourly invoices – are generally required to assist the court in its 25 determination of reasonable fees. See, e.g., Entm’t Research Grp., Inc. v. Genesis Creative Grp., 26 Inc., 122 F.3d 1211, 1232 (9th Cir. 1997) (“[T]he district court abused its discretion by not requiring 27 28 1 Citations are to the clerk’s electronic case file (ECF) with pin cites to the electronic page numbers at the top (as opposed to the bottom) of the page. C 11-02626 LB ORDER 1 . . . original time records and billing statements.”); Hensley, 461 U.S. at 433 (“Where the 2 documentation of hours is inadequate, the district court may reduce the award accordingly.”). 3 The court ORDERS Plaintiffs to file the supplemental declaration by November 28, 2011, and 4 to email the billing records in Wordperfect, Microsoft Word, or Microsoft Excel format to 5 6 IT IS SO ORDERED. 7 Dated: November 16, 2011 _______________________________ LAUREL BEELER United States Magistrate Judge 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 11-02626 LB ORDER 2

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