Hyde

I. Background

On February 17, 2004, Del Nero and his mother Nicole Shaker sued Midland and MRC alleging violations of the FDCPA and California Business and Professions Code § 172000. Attorney Robert Stempler represented both Del Nero and Shaker. Stempler subsequently withdrew and was replaced by Del Nero’s sister. Shaker settled with Midland and MDC before trial, and her claims were dismissed with prejudice. Three months before trial, Hyde & Swigart replaced Del Nero’s sister as his counsel.

The case was tried to the court. At the close of plaintiff’s case, Midland and MRC moved for judgment on partial find- ings under Federal Rule of Civil Procedure 52(c). The court granted the motion in part, dismissed all of Del Nero’s claims against MRC and his § 17200 claim against Midland. The trial then continued on Del Nero’s remaining FDCPA claims against Midland. After the close of evidence, the court ruled for Midland.

The district court awarded attorney’s fees and costs to Mid- land and MRC against plaintiff Del Nero and his attorneys Hyde & Swigart jointly and severally. In support of its award, the district court wrote that “Plaintiff’s only supporting wit- ness was wholly…