U.S.A. Dawgs, Inc. v. Crocs, Inc. et al

Filing 63

ORDER Re: Crocs, Inc.'s 53 Third 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. Plaintiff U.S.A. Dawgs, Inc. shall have seven (7) days thereafter to file a response to the supplemental brief. Signed by Judge James C. Mahan on 2/13/2019. (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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***

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U.S.A. DAWGS, INC.,

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Case No. 2:17-CV-2054 JCM (NJK)
Plaintiff(s),

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. v. Crocs, Inc., case no. 2:17cv-02054-JCM-NJK.

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The court is presently considering defendant Crocs, Inc.’s (“Crocs”) third motion for

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sanctions. (ECF No. 53). However, the court finds that Crocs has failed to adequately discuss the

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“lodestar” and Rule 54-14(b) factors pertaining to awards of attorney’s fees.

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James C. Mahan
U.S. District Judge

[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):
(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).
Therefore, the court hereby orders Crocs to submit a supplemental brief containing a full
discussion of all the required factors, including those already discussed in previous motions.

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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 FURTHER ORDERED that plaintiff U.S.A. Dawgs, Inc. shall have seven (7) days

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thereafter to file a response to the supplemental brief. The response may only pertain to the Rule

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54-14(b) factors discussed in Crocs’ supplemental brief.

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IT IS SO ORDERED.

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DATED February 13, 2019.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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