Perez v. Chan et al

Filing 13

ORDER granting 11 Revised First Fee Application. Signed by Judge Richard A. Jones.(MW) (cc: Robert E Moore Jr via USPS)

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THE HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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THOMAS E. PEREZ, Secretary of Labor, ) Case No. 2:15-cv-538-RAJ
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United States Department of Labor,
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) ORDER GRANTING REVISED
) FIRST FEE APPLICATION
Plaintiff,
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vs.
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ALFRED H. CHAN, M.D., P.C., a
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corporation; ALFRED H. CHAN, an
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individual; JUDY H. CHAN, an individual; )
ALFRED H. CHAN, M.D., P.C. DEFINED )
BENEFIT PLAN & TRUST, an employee )
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pension benefit plan
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Defendant.
)

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This matter comes before the Court on the “Revised First Fee Application” of
Robert Moore, the Independent Fiduciary of the Alfred H. Chan, M.D., P.C. Defined
Benefit Plan & Trust. Dkt. # 11. No party has filed a response to the Revised Fee
Application.
Under the terms of this Court’s previous Order, the Independent Fiduciary’s fees
were capped at $17,500. Dkt. # 6 at 3. In order to receive approval for additional fees,
the Independent Fiduciary was required to provide the Court with (a) an itemized fee
application, and (b) proof that a copy of this application and any supporting documents

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ORDER - 1

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was sent to the Secretary’s representative, San Francisco EBSA Regional Director at 90

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Seventh Street, Suite 11-300, San Francisco, CA 94103. Id. The Secretary would then

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have 15 calendar days to object to the application. Id.

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The Court previously denied Mr. Moore’s Fee Application, without prejudice,

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citing his failure to include proof that the application was sent to the Secretary’s

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representative, San Francisco EBSA Regional Director at 90 Seventh Street, Suite 11-

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300, San Francisco, CA 9410. Dkt. # 9. Mr. Moore now moves for approval of his

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Revised Fee Application. Dkt. # 11. In addition to his itemized list of expenses, Mr.

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Moore has now filed proof that a copy of the Revised Fee Application was sent to the

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Secretary at the San Francisco location. Mr. Moore’s Certificate of Service indicates

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that the Fee Application was sent to the United States Department of Labor in Seattle and

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the EBSA Regional Director in San Francisco. Dkt. # 8 at 6.

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In the Revised Application, Mr. Moore again requests approval of $12,342.50 in

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additional fees and expenses related to the continued administration of the Plan. Dkt. #

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11 at 4. After reviewing the Revised Fee Application and itemized expenses, the Court

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finds that the reported fees and expenses are reasonable. Accordingly, the Court

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GRANTS the Revised Fee Application. Dkt. # 11.

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Dated this 24th day of October, 2019.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER - 2