Operating Engineers' Health and Welfare Trust Fund for Northern California et al v. Vortex Marine Construction, Inc.

Filing 43

ORDER Regarding Attorney's Fees. Signed by Judge Kandis A. Westmore on 6/1/2018. (kawlc2, COURT STAFF) (Filed on 6/1/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OPERATING ENGINEERS' HEALTH
AND WELFARE TRUST FUND FOR
NORTHERN CALIFORNIA, et al.,

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Plaintiffs,

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United States District Court
Northern District of California

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v.

Case No. 17-cv-03614-KAW
ORDER REGARDING ATTORNEY'S
FEES
Re: Dkt. No. 41

VORTEX MARINE CONSTRUCTION
INC.,
Defendant.

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On April 27, 2018, the Court temporarily granted Defendant Vortex Marine Construction

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Inc.'s motion to set aside entry of default. (Dkt. No. 38 at 1.) The Court's granting of Defendant's

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motion was conditioned "on Defendant paying Plaintiffs' attorney's fees between September 13,

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2017 and April 19, 2018, and Defendant providing the missing contribution reports." (Id. at 9.)

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The parties were ordered to meet and confer within seven days of the April 27, 2018 order to

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determine if they could come to an agreement on the amount of attorney's fees. (Id.) In the event

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the parties could not agree, Plaintiffs were to file a supplemental declaration providing the amount

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sought within fourteen days of the April 27, 2018 order, and Defendant was to file any objections

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within seven days of Plaintiffs' supplemental declaration.

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On May 11, 2018, Plaintiffs' counsel filed a declaration, stating that Defendant requested

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Plaintiffs' accounting of fees on April 30, 2018. (Minser Decl. ¶ 4, Dkt. No. 41.) Plaintiffs

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responded that same day. After Defendant did not respond, Plaintiffs reached out on May 3, 2018.

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(Minser Decl. ¶ 5.) On May 4, 2018, Defendant again asked for an account of the total fees.

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(Minser Decl. ¶ 6.) Plaintiffs responded that same day, asking for clarification as to what type of

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accounting was being requested. (Minser Decl. ¶ 7.) Defendant did not respond until May 9,

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2018, when it requested a compilation of time and expense records. (Minser Decl. ¶ 8.) Plaintiffs

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provided the requested compilation on May 10, 2018.

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In the May 11, 2018 declaration, Plaintiffs state that they have incurred $15,085.00 in
attorney's fees between September 13, 2017 and April 19, 2018, as follows:

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Name:
Michele R. Stafford
Matthew P. Minser
Alicia Wood (paralegal)

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Hours:
5.4
40.7
33.0
79.1

Rate:
$235
$230
$135

Total:
$1,269.00
$9,361.00
$4,455.00
$15,085.00

(Minser Decl. ¶¶ 11-14.) Plaintiffs' counsel explained that this time included communications

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with their client, communications with Defendant regarding the amounts owed and settlement

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United States District Court
Northern District of California

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proposals, preparing a motion for default judgment, opposing Defendant's motion to set aside

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entry of default, and attending the hearing on Defendant's motion to set aside entry of default.

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(Minser Decl. ¶¶ 11-13.)

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Defendant's objections to the attorney's fees sought were due by May 18, 2018;
Defendant, however, did not file any objections.
Having reviewed Plaintiffs' submission, and in light of Defendant's lack of objections, the

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Court finds that the amount sought is reasonable. With respect to the billing rate, the Court has

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previously approved the requested rates for Plaintiffs' counsel. See Dist. Council 16 N. Cal.

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Health & Welfare Trust Fund v. Northside Installation, Inc., Case No. 17-cv-2892-WHA (KAW),

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Dkt. No. 30 at 13-14 (Feb. 2, 2018); see also Dist. Council 16 N. Cal. Health & Welfare Trust

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Fund v. G&S Drywall, Inc., Case No. 17-cv-2786-EDL, 2017 U.S. Dist. LEXIS 189156, at *23-25

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(N.D. Cal. Oct. 25, 2017). As to the time spent, Plaintiffs have typically spent between 40-55

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hours on similar ERISA cases in which default judgment was sought; here, however, Plaintiffs had

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the additional task of opposing Defendant's motion to set aside entry of default, as well as multiple

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communications with Defendant regarding settling the case. The Court finds the hours billed to be

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reasonable.

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Accordingly, the Court determines that Defendant shall pay $15,085.00 to Plaintiffs, as
well as provide the missing contribution reports, as conditions to the Court setting aside entry of
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default. Failure to complete both these tasks by June 15, 2018 will result in the Court denying

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Defendant's motion to set aside entry of default.

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IT IS SO ORDERED.
Dated: June 1, 2018
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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