Asvesta v. Petroutsas

Filing 112

ORDER RE AWARD OF ATTORNEYS' FEES IN CONNECTION WITH MOTION TO ENFORCE CERTAIN FINANCIAL ASPECTS OF ACCESS ORDER. Signed by Judge Jeremy Fogel on 11/18/08. (jflc3, COURT STAFF) (Filed on 11/18/2008)

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**E-Filed 11/18/08**

IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Case Number C 07-5535 JF DESPINA ASVESTA, Petitioner, v. GEORGE PETROUTSAS, RE: Docket No. 105, 111 Respondent. ORDER1 RE AWARD OF ATTORNEYS' FEES IN CONNECTION WITH MOTION TO ENFORCE CERTAIN FINANCIAL ASPECTS OF ACCESS ORDER

On September 29, 2009, Petitioner filed a motion to compel reimbursement of airfare purchased to transport the minor child from the United States to Greece on November 1, 2008. ("Motion to Enforce Certain Financial Aspects of Access Order," or "Motion to Enforce"). By an Order dated November 3, 2008, the Court granted Petitioner's motion, finding that the airfare purchased by Petitioner was reasonable and that Respondent would bear Petitioner's reasonable attorneys' fees. In response to the Order, Petitioner has submitted an affidavit setting forth fees

This disposition is not designated for publication in the official reports.

C a s e No. C 07-5535 JF O R D E R RE MOTION TO ENFORCE / ATTORNEYS' FEES ( JF L C 3 )

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she incurred since September 10, 2008. Petitioner claims to have incurred $3,246.00 in fees, of which $2,251.50 arose in connection with her most recent Motion to Enforce. The Court finds that these fees are somewhat excessive in light of the relatively straightforward nature of the required work, which consisted of preparing a declaration, drafting fairly simple moving papers and a short reply brief, and engaging in routine communications by telephone and email. The Court, in its broad discretion to determine the reasonableness of an award of attorneys' fees, finds that an award of $1,500 is appropriate and orders Respondent to reimburse Petitioner in that amount.

IT IS SO ORDERED. DATED: 11/18/08

JEREMY FOGEL United States District Judge

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C ase No. C 07-5535 JF O R D E R RE MOTION TO ENFORCE / ATTORNEYS' FEES ( JF L C 3 )

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This Order has been served upon the following persons: B. J. Fadem [e-mail] [e-mail]

Carmenella Athena Roussos Katherine D. Fones Kelly A Powers

[e-mail]

[e-mail]

Renee C. Day [e-mail], [e-mail], [e-mail] Stephen John Cullen [e-mail]

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C ase No. C 07-5535 JF O R D E R RE MOTION TO ENFORCE / ATTORNEYS' FEES ( JF L C 3 )