Joseph Padgett v. A. Curtis Wright

FILED

NOT FOR PUBLICATION

OCT 14 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSEPH PADGETT, No. 19-16383

Plaintiff-Appellant, D.C. No. 5:04-cv-03946-EJD

v.

MEMORANDUM*

BRIAN LOVENTHAL,

Defendant,

and

A. CURTIS WRIGHT,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Edward J. Davila, District Judge, Presiding

Argued and Submitted September 23, 2021 Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: SCHROEDER and RAWLINSON, Circuit Judges, and DRAIN,** District Judge.

Plaintiff Joseph Padgett appeals the district court’s order awarding him

attorney’s fees in this long running dispute over enforcement of a fence height

ordinance. See Padgett v. Loventhal, 706 F.3d 1205, 1206, 1208 (9th Cir. 2013)

(remanding for an explanation of attorney’s fee award). In the next appeal, we

vacated the district court’s dismissal of Padgett’s claims for the pretrial services

fees incurred by the…