Bert Dohmen-Ramirez and Wellington Advisory, Inc. v. Commodity Futures Trading Commission and Ronald Ho

ORDER

INTRODUCTION

In the underlying case, Dohmen-Ramirez ¶. CFTC, 837 F.2d 847 (9th Cir.1988), we awarded attorney’s fees and double costs to respondent Ho, pursuant to Federal Rule of Appellate Procedure 38. Id. at 860-61 .

Ho’s application for attorney’s fees is now before the court. Ho’s application can be separated into three areas. First, Ho requests that he be awarded attorney’s fees for each of the three procedural steps in this action: (1) the proceedings before the administrative law judge (AU) of the Commodity Futures Trading Commission (CFTC), (2) the proceedings before the CFTC, and (3) the proceedings before this court.

Second, Ho requests that he be awarded “supplemental out-of-pocket” costs for each of these three time periods.

Third, Ho requests that both his attorney’s fees and costs be doubled, under the Commodity Exchange Act, 7 U.S.C. § 18 (e) (1980 & Supp.1987).

I. Amount of Attorney’s Fees

Federal Rule of Appellate Procedure 38 allows the court to award “just damages and single or double costs to the appellee” if we determine that an appeal is frivolous. We determined that this appeal was “frivolous and harassing.” Dohmen-Ramirez, 837 F.2d at 861 . We…