Cooley v. Amer Sm Asif

Background

The court stated that it had dismissed the case with prejudice on February 25, 2025, and had allowed defendants to request attorney’s fees if they complied with Civil Local Rule 54-5. On March 11, 2025, Menzies Aviation (USA) Inc. filed a motion for sanctions and attorneys’ fees, supported by a declaration from Jennifer J. Johnston. Frederick Marc Cooley, identified as pro se, opposed the motion, and Menzies filed a reply.

Rule and Analysis

Civil Local Rule 54-5 requires a fee motion to include specified information, including a statement about whether the parties met and conferred; a description of the services performed by each person seeking fees; a summary of the time spent by each person; information about how time records were kept; and relevant qualifications and customary or prevailing hourly rates.

The court found that Johnston’s declaration did not meet those requirements. The declaration generally stated that Ms. Ferreiro had spent more than 65 hours on legal research and drafting, while Johnston had spent more than 30 hours instructing, reviewing, revising, and performing other tasks. It also stated that Ferreiro had billed more than $15,275 and Johnston more than $15,150. The court concluded that these statements did not adequately identify the services performed or summarize the time spent by each person for a proper lodestar calculation, which is a method for calculating reasonable fees based on hours worked and an appropriate hourly rate.

The court gave an additional reason for denying the motion. Based on the limited information provided, it found that the claimed total of $30,425 for more than 95 hours was unreasonable on its face considering the nature of the motion-to-dismiss briefing and showed no reasonable billing judgment. The court rejected Menzies’s statement that its counsel could provide internal time records or invoices later if needed because the court had already required the fee request to comply with the local rule.

Disposition

Judge Araceli Martinez-Olguin denied Menzies Aviation (USA) Inc.’s motion for sanctions and attorneys’ fees. The opinion does not state that the motion was denied with or without prejudice.