tBear v. Forman

Background

The court had previously determined that Defendant Barry Forman was entitled to reasonable attorneys’ fees for responding to Plaintiff Caleb Avery tBear’s motion for relief from a judgment or order. The earlier order relied on 28 U.S.C. § 1927, which permits a court to award fees when an attorney’s conduct unreasonably and vexatiously increases litigation costs. The court had found that tBear’s motion was “recklessly frivolous” because it sought to relitigate issues resolved by the dismissal of two untimely appeals.

Fee Request

Forman requested $48,465 for work by two attorneys. The request covered 71.8 hours at an hourly rate of $675. Ms. Klein spent 4.2 hours trying to obtain a stipulation extending Forman’s response deadline and, when no stipulation was obtained, preparing a motion. She then spent 32.6 hours preparing Forman’s opposition to tBear’s motion. Mr. Jaeger spent 35 hours preparing the opposition.

Tbear’s opposition argued that the underlying motion was not frivolous and that fees were not warranted. It did not make specific objections to the hours worked or the requested hourly rate. The court said those arguments did not undermine its earlier finding that the motion warranted fees under Section 1927.

Court’s Analysis

The court used the lodestar method, which calculates reasonable attorneys’ fees by multiplying the reasonable hours spent by a reasonable hourly rate. It found that the 71.8 hours were reasonable given the motion’s procedural complexity.

The court also found that the $675 hourly rate was reasonable and consistent with prevailing rates in the Northern District of California. It noted that, earlier in the case, it had found a $600 hourly rate reasonable for Ms. Klein and Mr. Jaeger, and it concluded that the current rate was also reasonable.

Ruling

The court awarded Section 1927 attorneys’ fees to Defendant’s counsel in the amount of $48,465. The order was signed by United States Magistrate Judge Jacqueline Scott Corley.