Gearon v. Clarus Transphase Scientific, Inc.

Filing 35

ORDER by Judge ELIZABETH D. LAPORTE granting in part and denying in part 33 Ex Parte Application (lrc, COURT STAFF) (Filed on 10/9/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOHN GEARON,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -12-03931(EDL)
ORDER GRANTING EX PARTE
APPLICATION FOR AWARD OF
REASONABLE ATTORNEY’S FEES

v.
CLARUS TRANSPHASE,
Defendant.

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On July 29, 2013, the Court ordered Robert Williams to appear at a judgment debtor

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examination on September 3, 2013, on behalf of Defendant Clarus Transphase Scientific, Inc. (Dkt.

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29.) The order notified Williams that if he did not appear, he could be liable for Plaintiff’s

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reasonable attorney’s fees. (Id.) Williams failed to appear at the examination, and the Court ordered

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Plaintiff to submit a proposed bench warrant. Before the Court could issue a bench warrant,

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however, Williams contacted the Court and explained that he inadvertently mis-calendared the

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examination date. He also acknowledged that he would need to pay Plaintiff’s attorney’s fees for

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the missed examination. (Dkt. 33-1.) As a consequence, the Court rescheduled the examination for

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October 8, 2013.

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On September 24, 2013, Plaintiff filed the pending ex parte application for issuance of a

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bench warrant and award of sanctions. Plaintiff requested that the Court issue a bench warrant to

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guarantee Williams’ appearance at the judgment debtor examination and sought $2,089.24 in fees

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and costs, which comprise $1,700.00 in attorney’s fees, $225.00 in court reporter fees, $117.00 in

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airfare, $8.85 in ground transportation, and $38.39 in meals. (Henderson Decl. ¶ 16, Dkt. 33-1.)

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Because Williams appeared at the October 8, 2013 judgment debtor examination, the Court

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denies Plaintiff’s request for a bench warrant as moot. The Court grants Plaintiff’s request for

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sanctions, except as to counsel’s meals, and awards Plaintiff sanctions of $2050.34 against

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Defendant Clarus Transphase Scientific, Inc., and Robert Williams, jointly and severally, for failure

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to appear at the September 3, 2013 judgment debtor examination.

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IT IS SO ORDERED.

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Dated: October 9, 2013
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ELIZABETH D. LAPORTE
United States Magistrate Judge

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United States District Court
For the Northern District of California

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