U.S.A. Dawgs, Inc. et al v. Crocs, Inc.
Filing
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ORDER re Defendant Crocs, Inc.'s 59 Renewed Motion for Sanctions. Crocs shall file a supplemental brief within 14 days from the date of this order discussing the Rule 54-14(b) factors. Signed by Judge James C. Mahan on 1/18/2019. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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U.S.A. DAWGS, INC.,
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Plaintiff(s),
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Case No. 2:16-CV-1694 JCM (PAL)
ORDER
v.
CROCS, INC., et al.,
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Defendant(s).
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Presently before the court is the matter of U.S.A. Dawgs, Inc. et al v. Crocs, Inc., case no.
2:16-cv-01694-JCM-PAL.
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The court is presently considering defendant Crocs, Inc.’s (“Crocs”) renewed motion for
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sanctions. (ECF No. 59). The court previously denied Crocs’ first motion for sanctions for its
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failure to fully brief all the “lodestar” and Rule 54-14(b) factors.1 See (ECF Nos. 29, 41).
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Thereafter, the court denied Crocs’ motion to supplement its motion for sanctions in light of the
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bankruptcy stay that commenced in this case on February 1, 2018. See (ECF Nos. 42, 57).
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In the present renewed motion for sanctions, Crocs asks the court to adjudicate its original
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motion for sanctions, based upon the information contained in its original motion and supplement.
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(ECF No. 59). However, the court finds that Crocs has not satisfied the court’s request for further
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discussion of the “lodestar” and Rule 54-14(b) factors pertaining to awards of attorney’s fees.
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Indeed, even if the court had granted Crocs’ motion to supplement, its discussion of these
factors remains incomplete.
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The “lodestar” factors are the same as those set forth by Local Rule 54-14(b)(3). See LR
54-14(b)(3); Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 70 (9th Cir. 1975), abrogated on other
grounds by City of Burlington v. Dague, 505 U.S. 557 (1992).
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James C. Mahan
U.S. District Judge
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[A] motion for attorney’s fees must include the following in addition to those
matters required by Fed. R. Civ. P. 54(d)(2)(B):
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(1) A reasonable itemization and description of the work performed;
(2) An itemization of all costs sought to be charged as part of the fee award and not
otherwise taxable under LR 54-1 through 54-13;
(3) A brief summary of:
(A) The results obtained and the amount involved;
(B) The time and labor required;
(C) The novelty and difficulty of the questions involved;
(D) The skill requisite to perform the legal service properly;
(E) The preclusion of other employment by the attorney due to
acceptance of the case;
(F) The customary fee;
(G) Whether the fee is fixed or contingent;
(H) The time limitations imposed by the client or the circumstances;
(I) The experience, reputation, and ability of the attorney(s);
(J) The undesirability of the case, if any;
(K) The nature and length of the professional relationship with the
client;
(L) Awards in similar cases; and
(M) Any other information the court may request.
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LR 54-14(b). See also Kerr, 526 F.2d at 70.
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Therefore, the court hereby orders Crocs to submit a supplemental brief containing a full
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discussion of all the required factors, including those already discussed in previous motions. Crocs
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need not discuss its eligibility for attorney’s fees pursuant to 28 U.S.C. § 1927, as the court finds
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that this issue has been fully briefed.
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Accordingly,
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IT IS ORDERED THAT Crocs shall file a supplemental brief within fourteen (14) days
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from the date of this order discussing the Rule 54-14(b) factors. Failure to follow the relevant
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federal or local rules pertaining to motions for attorney’s fees will result in denial of the underlying
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motion.
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IT IS SO ORDERED.
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January 18, 2019.
DATED January 17, 2019.
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__________________________________________
UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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