USA v. CERTAIN REAL PROPERTY LOCATED AT 360 SWAN LAKE AVENUE, MONROE
ORDER granting 41 Motion for Attorney Fees. By JUDGE JOHN A. WOODCOCK, JR. (MFS)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
UNITED STATES OF AMERICA,
CERTAIN REAL PROPERTY
LOCATED AT 360 SWAN LAKE
ORDER GRANTING MOTION FOR ATTORNEY FEES
On December 29, 2011, the United States filed a complaint against Certain
Real Property Located at 360 Swan Lake Avenue, Monroe, Maine pursuant to 21
U.S.C. § 881(a)(7). Compl. (ECF No. 1). On April 19, 2012, this Court appointed
Attorney Judson Esty-Kendall of Pine Tree Legal Assistance to represent Darlene
Ford in accordance with 18 U.S.C. § 983(b)(2)(A) and specifically allowed Attorney
Esty-Kendall to seek compensation for his representation of Ms. Ford in accordance
with 18 U.S.C. § 983(b)(2)(B). Order Regarding Appointment of Counsel (ECF No.
16). On July 25, 2014, the United States moved to dismiss the Complaint because
the subject property had been forfeited. Mot. to Dismiss (ECF No. 39). The Court
granted the motion to dismiss on August 19, 2014. Order Granting Mot. to Dismiss
(ECF No. 40). Section 983(b)(3) provides that the Court “shall set the compensation
for representation under this subsection , which shall be equivalent to that provided
for court-appointed representation under section 3006A of this title.”
On September 17, 2014, Attorney Esty-Kendall filed a motion for attorney’s
fees in which he is seeking court approval of the attorney time reflected in an
itemization attached to the motion. App. for Att’y’s Fees (ECF No. 41); Attach. 1
(Att’y’s Fee Itemization).
The Court reviewed Mr. Esty-Kendall’s application for
attorney’s fees and finds that he is entitled to be reimbursed for .6 hours at $110.00
per hour, 17.4 hours at $125.00 per hour, and 2.8 hours at $126 per hour for a total
award of $2,593.80.
The Court GRANTS the Application for Attorney’s Fees and concludes that
Judson Esty-Kendall is entitled to be paid a total of $2,593.80 pursuant to 18 U.S.C.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
CHIEF UNITED STATES DISTRICT JUDGE
Dated this 10th day of October, 2014
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