tBear

tBear v. Forman

Good Law
United States District Court, Northern District of CaliforniaNovember 1, 20213:17-cv-00796California759 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CALEB AVERY TBEAR, Case No. 17-cv-00796-JSC

Plaintiff,

ORDER RE: ATTORNEYS’ FEES

v. 9 Re: Dkt. Nos. 295, 296 BARRY FORMAN, Defendant.

12 By Order on September 27, 2021, (Dkt. No. 295), the Court determined that Defendant is entitled to reasonable attorneys’ fees incurred in responding to Plaintiff’s motion for relief from a judgment or order, (Dkt. No. 288). 28 U.S.C. § 1927; see B.K.B. v. Maui Police Dept., 276 F.3d 1091, 1107 (9th Cir. 2002). Defendant requests fees in the amount of $48,465, representing 71.8 hours of work by two attorneys with an hourly rate of $675. (Dkt. No. 296.) Plaintiff’s opposition does not make specific objections to the time expended or the hourly rate; rather, it argues that the underlying motion for relief was not frivolous and fees are not warranted. (Dkt. No. 298.) These arguments are of no moment because the Court previously concluded that the underlying motion was recklessly frivolous in seeking to relitigate issues…

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