Thomas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Affordable Builders of America, Inc., No. 2:22-CV-01381-KJM-DB Plaintiff, v. ORDER Paul Thomas et al., 1S Defendants. 16 17 Defendant/counterclaimant Paul Thomas has filed a renewed motion for attorney’s fees 19 after prevailing on a motion to dismiss. For the reasons below, the court denies the motion. 20 I. BACKGROUND On March 7, 2023, the court dismissed plaintiff's complaint with prejudice for failure to comply with court orders. See Order Granting Mot. to Dismiss at 6, ECF No. 80.' Thomas 23 timely moved for attorney’s fees and costs. Prior Mot., ECF No. 85. The court granted defendant’s motion for costs and denied the motion for attorney’s fees without prejudice. Prior Order, ECF No. 96. In that order, the court found Thomas was not entitled to attorney’s fees 26 under the applicable Texas statute because he did not recover damages. /d. at 5. Although…