Wornick

Metabolife International, Inc. v. Wornick

Good Law

213 F. Supp. 2d 1220·2002 WL 1783674·2002 U.S. Dist. LEXIS 14977

United States District Court, Southern District of CaliforniaJuly 19, 20023:99-cv-01095California3,267 words

Opinion

Rhoades, J.

ORDER GRANTING DEFENDANT GEORGE BLACKBURN’S APPLICATION FOR ATTORNEY FEES

I. Overview

The Court dismissed Defendant George Blackburn from this case on November 17, 1999. The Ninth Circuit affirmed the dismissal on September 5, 2001. Blackburn applied for attorney fees and costs pursuant to subsection c of the anti-SLAPP statute, California Civil Procedure Code § 425.16 (“ § 425.16”). The Court grants the application in full.

II. Background

On November 17, 1999, the Court entered a Judgment of Dismissal in favor of the Defendants, including Blackburn. Blackburn then filed a timely application for reimbursement of attorney fees and expenses pursuant to § 425.16(c), which the Court stayed on January 13, 2000, pending resolution of Metabolife’s appeal of the Judgment of Dismissal. The Ninth Circuit affirmed the dismissal of Blackburn on September 5, 2001. Blackburn then filed a timely request for appellate attorney fees and expenses. On February 5, 2002, the Ninth Circuit granted Blackburn’s request to transfer the application for appellate fees and expenses to the Court.

Metabolife opposes Blackburn’s application, contending that § 425.16 provides for recovery of “reasonable”…

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