Neman
JL AM Plus, LLC v. Neman
Opinion
Trial Court Opinion
I. Background
On October 7, 2019, the Court entered judgment in favor of Plaintiff and against Defendant, in the amount of $1,813,635.62 (consisting of damages in the principal amount of $1,218,514.75 plus attorneys’ fees and costs in the amount of $595,120.87). Doc. No. 342 (the “Original Judgment”). On July 30, 2020, the Bankruptcy Appellate Panel (the “BAP”) affirmed the Original Judgment. Doc. Nos. 370–71. On September 3, 2020, the Court entered an amended judgment, which reiterated the provisions of the Original Judgment and awarded Plaintiff additional fees’ and costs of $153,005.20 as the prevailing party on appeal. Doc. No. 382 (the “Amended Judgment”). Defendant appealed the BAP’s affirmance of the Original Judgment to the Ninth Circuit Court of Appeals, but voluntarily dismissed the appeal on January 14, 2021. The Fee Order that is the subject of the instant Application awarded Plaintiff its fees and costs for defending against the Ninth Circuit appeal.
II. Findings and Conclusions
At the outset, the Court notes that Plaintiff, in violation of the Local Bankruptcy Rules, filed a notice purporting to set the Application for hearing even though the Court had not issued…