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Daniel Delgado v. Mann Brothers Fuel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 19, 2012

DANIEL DELGADO,
PLAINTIFF,
v.
MANN BROTHERS FUEL, INC., DEFENDANTS.

ORDER AWARDING SANCTIONS IN THE AMOUNT OF $3,925.07

On November 15, 2012, the Court issued an Order Adopting the Findings and Recommendations regarding Sanctions and ordered Plaintiff's counsel to submit a declaration setting forth the fees and costs incurred as a result of Defendant's failure to comply with the Court's previous orders.

Tanya E. Moore submitted her declaration on November 27, 2012, reflecting a total of $4,616.07 in fees and costs. Of this figure, $411 is attributed to time spent by a paralegal who is billed at an hourly rate of $150 per hour. However, Plaintiff's law firm is from San Jose and there is no indication that $150 per hour is a reasonable rate for a paralegal in the Eastern District of California Fresno Division. In the absence of proof, the Court will not award the amount billed by the paralegal.

Additionally, a review of the billing records indicates that Plaintiff's counsel charged $77 on August 1 for reviewing a communication from the Court, $63 on July 25 for reviewing a communication from the Court, and $42 on May 31 for reviewing a communication with the Court. However, the Court has reviewed its docket and is unable to find a communication from the Court that reasonably corresponds to the billing entry. Accordingly, the Court will not award the $77, $63, and $42 entries. Finally, it appears that counsel billed $63 on August 9 and $73.50 on May 23 for reviewing two minute orders on the docket. The Court finds this to be excessive and will only permit a .1 charge for both reviews. Thus, the Court will award $70 for reviewing the two minute orders. Given these adjustments, the Court will award $3,925.07 as compensatory sanctions.

Accordingly, IT IS HEREBY ORDERED that Defendant ORDERED to pay $3,925.07 to Plaintiff's counsel as compensatory sanctions.

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20121219

© 1992-2012 VersusLaw Inc.



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