Melvin Sternberg v. Logan Johnston

MEMORANDUM

Melvin Sternberg appeals the district court’s order awarding Logan Johnston $24,491.00 in attorneys’ fees. That award was properly before us in a previous appeal, but Sternberg failed to present any arguments about it at that time or even to ask that it be set aside. It is too late for him to do so now. We affirm.

This case is not new to us. See Sternberg v. Johnston, 595 F.3d 937 (9th Cir.2010). Sternberg previously filed two appeals to this court regarding two separate district court orders: an order upholding an award to Johnston by the bankruptcy court of $92,869.20, including attorneys’ fees incurred in litigation before the bankruptcy court (appeal no. 07-16870), and a separate order awarding Johnston an additional $24,491 in attorneys’ fees for activity before the district court (appeal no. OS-15721). We consolidated the appeals, vacated the $92,869.20 bankruptcy award, and remanded for determination of the appropriate amount to award. Our decision did not address the $24,491 award of fees for activity before the district court.

Ordinarily, a party seeking relief from an award of attorneys’ fees is required to file an appeal. See, e.g., Culinary & Serv. Emps.…