Thomas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Affordable Builders of America, Inc., No. 2:22-CV-01381-KJM-DB Plaintiff, ORDER v. Paul Thomas, et al., 1S Defendants. 16 Defendant Paul Thomas seeks attorney’s fees and costs after prevailing on a motion to 18 dismiss. For the reasons below, the court grants the motion for costs and denies the motion for 19 attorney’s fees without prejudice. 20 I. BACKGROUND On March 7, 2023, the court dismissed plaintiff's complaint with prejudice for failure to comply with court orders. See Prior Order at 6, ECF No. 80.! Defendant timely moved for 23 attorney’s fees and costs. Mot., ECF No. 85; see also Mot. P. & A. (P. & A.), ECF No. 85-1. 24 Plaintiff opposes, Opp’n, ECF No. 87, and defendant has replied, Reply, ECF No. 89. The court 25 submitted the matter without oral arguments. Min. Order, ECF No. 88.

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