United States District Court, N.D. California
September 26, 2005.
TIMOTHY GENS, Plaintiff,
GARY FERRELL and DOES 1-50, inclusive, Defendants.
The opinion of the court was delivered by: MARILYN PATEL, Chief District Judge
Re: Attorneys' Fees
On August 3, 2005 the court granted plaintiff's motion to
remand this action to state court, and granted plaintiff's motion
for attorneys' fees and costs of suit pursuant to
28 U.S.C. section 1447(c), subject to receipt of evidence establishing the
amount of reasonable attorneys' fees and costs that were incurred
as a result of the removal of this action. See Gens v.
Ferrell, No. C 05-2183 MHP, 2005 WL 1865443 (N.D. Cal. Aug. 4,
2005) (Patel, J.).
In the motion to remand, plaintiff alleged $11,452.50 in fees.
On August 17, 2005, plaintiff filed a supplemental memorandum and
declaration including a breakdown of costs and tasks performed,
increasing the amount of the request from $11,452.50 to
$56,822.00. On August 29, 2005, plaintiff filed a supplemental
declaration attaching thirty-nine pages of redacted billing
After reviewing and considering these and other documents in
the record, the court requests that plaintiff submit for in
camera review unredacted copies of the contemporaneous time
records (not final billing statements) for attorneys Klein, Levy,
and Yob, reflecting their work on plaintiff's motion to remand
and motion for attorneys' fees. These copies shall be accompanied
by a brief declaration attesting that they are true and correct copies of
the original records and be filed within fifteen (15) days of the
date of this order. The parties shall submit no further memoranda
or declarations in this matter until further notice by the court.
IT IS SO ORDERED.
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