Fleming

Fleming v. Kemper National Services, Inc.

Good Law
373 F. Supp. 2d 1000·2005 WL 1395156·35 Employee Benefits Cas. (BNA) 2037·2005 U.S. Dist. LEXIS 17339
United States District Court, Northern District of CaliforniaJune 9, 2005C-03-5135 MMCCalifornia5,392 words

Opinion

Opinion

Chesney, J.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES, COSTS, AND PREJUDGMENT INTEREST; VACATING HEARING

Before the Court is plaintiff Cynthia Fleming’s (“Fleming”) motion, filed April 25, 2005, for attorneys’ fees, costs, and prejudgment interest. Defendants Kem-per National Services, Inc.; Vodafone Americas, Inc. Short Term Disability Plan; and Vodafone Americas, Inc. Long Term Disability Plan have filed timely opposition to the motion, to which Fleming has replied. Having considered the papers filed in support of and in opposition to the motion, the Court finds the matter appropriate for decision without oral argument, see Civil L.R. Y — 1(b), and hereby VACATES the June 10, 2005 hearing on the motion. For the reasons set forth below, the motion is GRANTED in part and DENIED in part.

BACKGROUND

In this ERISA action, the Court granted judgment for Fleming on April 11, 2005. On April 25, 2005, Fleming timely filed the instant motion for attorneys’ fees, costs, and prejudgment interest. Fleming seeks an award of attorneys’ fees in the amount of $102,862.50, plus $2363.87 in costs, and prejudgment interest in the amount of $4885.03.

DISCUSSION

A.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.