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Lopez v. Chertoff

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


February 5, 2010

JUAN CARLOS VALADEZ LOPEZ, PLAINTIFF,
v.
MICHAEL CHERTOFF, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior U.S. District Judge

ORDER Re: DEFENDANTS DONALD LOWN AND RICHARD VAN ZANDT'S MOTION FOR ATTORNEY FEES [191]

Currently before the Court is Defendants Donald Lown and Richard Van Zandt's Motion for Attorney Fees [191]. The Court took this matter under submission on January 19, 2010. Having considered all papers and arguments, THE COURT NOW FINDS AND RULES AS FOLLOWS:

The Court DENIES Defendants' Motion for Attorneys' Fees. The Court finds that Plaintiff's claims were reasonable at the time the Complaint was filed. Furthermore, pursuant to Hughes v. Rowe, 449 U.S. 5 (1980), the mere fact that Plaintiff's allegations were insufficient to require a trial in this matter does not mean the claims were groundless or without foundation.

Therefore, under 42 U.S.C. § 1988, it is within this Court's discretion to determine whether an award of attorneys' fees is appropriate in this matter. The Court hereby declines to award any such fees and DENIES Defendants' Motion.

IT IS SO ORDERED

20100205

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