Nagy v. Group Long Term Disability Plan For Employees of Oracle America, Inc. et al
Filing
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ORDER REGARDING RECALCULATION OF ATTORNEYS FEES. Signed by Judge Haywood S. Gilliam, Jr. on 8/22/2018. (ndrS, COURT STAFF) (Filed on 8/22/2018)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DAVE NAGY,
Plaintiff,
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United States District Court
Northern District of California
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v.
Case No. 14-cv-00038-HSG
ORDER REGARDING
RECALCULATION OF ATTORNEY’S
FEES
GROUP LONG TERM DISABILITY PLAN
FOR EMPLOYEES OF ORACLE
AMERICA, INC., et al.,
Defendants.
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Pursuant to the Memorandum issued June 21, 2018 by the Ninth Circuit Court of Appeals,
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the parties state that they have met and conferred and recalculated the attorney’s fees awarded by
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the Report and Recommendation (Attorney’s Fees), Dkt. No. 146, and the February 23, 2017
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Order Adopting Magistrate Judge’s Report and Recommendation re: Motion for Attorney’s Fees,
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etc., Dkt. No. 152, as follows, Dkt. No. 171:
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1. The Report and Recommendation reduced the attorney time and paralegal time by 10%,
resulting in a total award of 339.9 attorney hours plus 81.4 paralegal hours.
2. The parties agree to remove 34.3 attorney hours plus 4.4 paralegal hours as “post-remand”
work which the Ninth Circuit held not to be compensable.
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3. The Report and Recommendation reduced all hours by 10%; therefore an additional 30.87
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(34.3 – 3.43) attorney hours and 3.96 (4.4-.44) paralegal hours should be reduced, leaving
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a total of 309.03 attorney hours at $500 per hour or $154,515 attorney’s fees plus 77.44
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paralegal hours at $195 per hour = $15,100.80 for a total of $169,615.80.
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4. In addition, Mr. Nagy has previously been awarded $1,223.68 in costs, filed July 26, 2016,
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Dkt. No. 107. Those costs relate to this Court’s judgment of June 9, 2016, Dkt. No. 94.
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5. Post-judgment interest runs from February 23, 2017, through August 23, 2018, at the
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agreed rate of 1.7% = $4,325.19. Daily interest beginning August 24, 2018 at 2.44% =
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$11.34/day until paid.
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6. Upon payment of the above, Plaintiff shall file a notice of satisfaction of judgment. Upon
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filing of the notice of satisfaction, the Clerk shall release the bond on appeal. Dkt. 158-1,
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filed April 7, 2018.
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United States District Court
Northern District of California
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IT IS SO ORDERED.
Dated: 8/22/2018
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
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