Cluster 796188

On remand, the district court shall determine who is the “prevailing party” for the purposes of an attorney’s fees award, see Herrington v. County of Sonoma, 883 F.2d 739, 744 (9th Cir. 1989), and provide Shorter an opportunity to make an appropriate motion for attorney’s fees with supporting evidence, see Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006) (“When a party seeks an award of attorneys’ fees, that party bears the burden of submitting evidence of …

Carson v. Billings 2 || Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006) (“When a party seeks an award of attorneys’ fees, 3 || that party bears the burden of submitting evidence of the hours worked and the rate paid.”).

No. 428 at 7. 21 Nevertheless, the Court has conducted its own review of DPPs’ counsel’s time records. 22 See Carson v. Billings Police Dep't, 470 F.3d 889, 893 (9th Cir. 2006) (“The district court may not 23 ‘uncritically’ accept the number of hours claimed by the prevailing party, even if actually spent on 24 the litigation, but must, in order to award fees based on them, find “that the time actually spent 25 was reasonably necessary.”).

Programs, 557 F.3d 1041, 1046 (9th Cir. 2009) (“reasonable fees ‘are 16 to be calculated according to the prevailing market rates in the relevant community’”); Carson v. 17 Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006) (“that party has the burden to prove that 18 the rate charged is in line with the ‘prevailing market rate of the relevant community.’”). 19 “Generally, when determining a reasonable hourly rate, the relevant community is the forum in 20 which the di…

See Carson v. 10 Billings Police Dep’t, 470 F.3d 889, 892 (9th Cir. 2006) (“That a lawyer charges a particular 11 hourly rate, and gets it, is evidence bearing on what the market rate is, because the lawyer and his 12 client are part of the market.”).

Reasonable hours expended 13 To show that hours expended are reasonable under the lodestar calculation, a movant 14 must “submit evidence supporting the hours worked.”102 “Where the documentation of hours is 15 16 17 98 See Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006) (“When a party seeks an award of attorneys’ fees, that party bears the burden of submitting evidence of the hours 18 worked and the rate paid.”) 99 ECF No. 197 at 7 (citing Perrigo v. Prem…

Ariz. 23 2019) (quoting Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006)).

“When a 5 party seeks an award of attorneys’ fees, that party bears the burden of submitting evidence of the 6 hours worked and the rate paid,” and showing “that the rate charged is in line with the prevailing 7 market rate of the relevant community.” Carson v. Billings Police Dep't, 470 F.3d 889, 891 (9th 8 Cir. 2006).

(Id.) The party seeking attorneys’ fees bears the burden of demonstrating 27 that the requested hourly rate is “in line with the prevailing market rate of the relevant 28 community.” Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006).

Moreover, the “prevailing market rate for attorneys of comparable experience, skill and reputation ... may or may not be the rate charged the individual attorney in question.” Carson v. Billings Police Dep’t, 470 F.3d 889, 892 (9th Cir. 2006).

Ariz. 2019) (quoting Carson v. 1 Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006)).

The requesting party also has 4 the burden to demonstrate that the rates requested are “in line with the prevailing market rate of 5 the relevant community.” Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006). 6 Generally, “the relevant community is the forum in which the district court sits.” Camacho v. 7 Bridgeport Fin., Inc., 523 F.3d 973, 979 (9th Cir. 2008) (internal citations omitted). 8 Typically, fees calculated under the lodestar method are presumed …

For example, a party seeking fees must provide time sheets detailing the work performed on the case and affidavits establishing that the hourly rates requested are “in line with the prevailing market rate of the relevant community.” Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006).

The requesting party also has the burden to demonstrate that the rates 15 requested are “in line with the prevailing market rate of the relevant community.” Carson v. 16 Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation marks and citation 17 omitted).

A Plaintiff seeking attorneys’ fees “has the 8 burden to prove that the rate charged is in line with the ‘prevailing market rate of the 9 relevant community.’” Carson v. Billings Police Dept., 470 F.3d 889, 891 (9th Cir. 10 2006).

These factors have also been 3 adopted into the Local Rules of Civil Procedure (“LRCiv”): 4 (A) The time and labor required of counsel; 5 (B) The novelty and difficulty of the questions presented; 6 (C) The skill requisite to perform the legal service properly; 7 (D) The preclusion of other employment by counsel because of 8 the acceptance of the action; 9 (E) The customary fee charged in matters of the type involved; 10 (F) Whether the fee contracted between the attorney an…

(Id.) 3 The party seeking an award of attorneys’ fees bears the burden of demonstrating 4 that the rates requested are “in line with the prevailing market rate of the relevant 5 community.” Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006) 6 (citing Guam Soc’y of Obstetricians & Gynecologists v. Ada, 100 F.3d 691 , 696 (9th Cir. 7 1996)).

A court “may not ‘uncritically’ accept the number of hours claimed by the prevailing party, even if actually spent on the litigation, but must, in order to award fees based on them, find ‘that the time actually spent was reasonably necessary.’” Carson v. Billings Police Dep’t, 470 F.3d 889, 893 (9th Cir. 2006) (quoting Sealy, Inc. v. Easy Living, Inc., 743 F.2d 1378, 1385 (9th Cir. 1984)).

Carson v. Billings Police Dep't, 470 F.3d 889, 891 (9th 3 Cir. 2006).

DISCUSSION 17 A. Hourly Rates 18 In determining whether the hourly rates are reasonable, the court must ensure the 19 requested rates “are in line with those prevailing in the community for similar services by 20 lawyers of reasonably comparable skill, experience and reputation.” Blum v. Stenson, 465 U.S. 21 886, 895 n. 11 (1984); Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006). 22 Generally, “the relevant community is the forum in which the district court…

Cal. Jan. 19, 2021) (quoting Carson v. Billings Police Dep't, 470 F.3d 889, 891 (9th 7 Cir. 2006)).

Hourly Rates 9 In determining whether the hourly rates are reasonable, the court must ensure the 10 requested rates “are in line with those prevailing in the community for similar services by 11 lawyers of reasonably comparable skill, experience and reputation.” Blum v. Stenson, 465 U.S. 12 886, 895 n. 11 (1984); Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006). 13 Generally, “the relevant community is the forum in which the district court sits.” Barjon v. …

Cal. Jan. 19, 2021) (quoting 22 Carson v. Billings Police Dep’t., 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation 23 omitted)).

“When a party seeks an award 12 of attorneys’ fees, that party bears the burden of submitting evidence of the hours worked and the 13 rate paid,” and showing “that the rate charged is in line with the prevailing market rate of the relevant 14 community.” Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation 15 marks omitted) (quoting Guam Soc’y of Obstetricians & Gynecologists v. Ada, 100 F.3d 691 , 696 16 (9th Cir.1996)).

“When a party seeks an award 12 of attorneys’ fees, that party bears the burden of submitting evidence of the hours worked and the 13 rate paid,” and showing “that the rate charged is in line with the prevailing market rate of the relevant 14 community.” Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation 15 marks omitted) (quoting Guam Soc’y of Obstetricians & Gynecologists v. Ada, 100 F.3d 691 , 696 16 (9th Cir.1996)).

(Doc. 34 at 6.) In demonstrating a rate’s 28 reasonableness, “[t]he party seeking an award of attorneys’ fees bears the burden of 1 demonstrating that the rates requested are ‘in line with the prevailing market rate of the 2 relevant community.’” Gary v. Carbon Cycle Arizona LLC, 398 F. Supp. 3d 468 , 485 (D. 3 Ariz. 2019 ) (quoting Carson v. Billings Police Dep’t., 470 F.3d 889, 891 (9th Cir. 2006)). 4 “[T]he relevant community is the forum in which the district court sits.…

Rather, “the prevailing market 6 rate, not the individual contract, provides the standard for lodestar calculations.” Carson v. 7 Billings Police Dep’t, 470 F.3d 889, 892 (9th Cir. 2006); Van Skike v. Dir., Off. of Workers’ 8 Comp.

The defendants’ billing records listed the hours they worked with sufficient specificity, and the district court did not abuse its discretion by determining that the defendants’ counsel billed at the “prevailing market rate.” See Carson v. Billings Police Dep’t, 470 F.3d 889, 892 (9th Cir. 2006).

“The party seeking an award of attorneys’ fees bears 3 the burden of demonstrating that the rates requested are ‘in line with the prevailing market 4 rate of the relevant community.’” Gary, 398 F. Supp. 3d at 485 (quoting Carson v. Billings 5 Police Dept., 470 F.3d 889, at 891 (9th Cir. 2006)). “[T]he relevant community is the forum 6 in which the district court sits.” Camacho, 523 F.3d at 979 . 7 Counsel charged $350.00 an hour.

The requesting party also has the burden to demonstrate 4 that the rates requested are “in line with the prevailing market rate of the relevant community.” 5 Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation marks and 6 citation omitted).

Cal. Jan. 26 19, 2021) (quoting Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 27 2006)).

“The 4 party seeking an award of attorneys’ fees bears the burden of demonstrating that the rates 5 requested are ‘in line with the prevailing market rate of the relevant community.’” Gary, 6 398 F. Supp. 3d at 485 (quoting Carson v. Billings Police Dept., 470 F.3d 889, at 891 (9th 7 Cir. 2006)). “[T]he relevant community is the forum in which the district court sits.” 8 Camacho, 523 F.3d at 979 . 9 Attorney Clifford P. Bendau, II charged an hourly rate of $378.75.

Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006).

Carson v. 23 Billings Police Dep't, 470 F.3d 889, 891 (9th Cir. 24 2006).

Carson v. 23 Billings Police Dep't, 470 F.3d 889, 891 (9th Cir. 24 2006).

Under the FLSA, prevailing parties are entitled to receive an award of fees for all 24 hours reasonably expended at rates in line with the “prevailing market rate of the relevant 25 community.” Carson v. Billings Police Dept., 470 F.3d 889, 891 (9th Cir. 2006). 26 Class Counsel requests fees in the amount of $79,000.

Reasonable Rate 24 The party seeking attorneys’ fees bears the burden of “submitting evidence of 25 the hours worked,” the rate charged, and that “the rate charged is in line with the 26 prevailing market rate of the relevant community.” Carson v. Billings Police Dep’t, 27 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation marks omitted).

Carson v. Billings Police Dep't, 3 470 F.3d 889, 891 (9th Cir. 2006). 4 i. Reasonable Hours 5 According to Plaintiff’s billing summary, 6 Plaintiff’s counsel, Mr. Amador, spent 32.56 hours on 7 this Action and his paralegal spent 7.84 hours.

The party seeking attorneys’ fees bears the burden 23 of “submitting evidence of the hours worked,” the rate charged, and that “the rate charged 24 is in line with the prevailing market rate of the relevant community.” Carson v. Billings 25 Police Dep’t., 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation omitted).

Reasonable Rate Charged 26 The party seeking attorneys’ fees bears the burden of “submitting evidence of 27 the hours worked,” the rate charged, and that “the rate charged is in line with the 28 prevailing market rate of the relevant community.” Carson v. Billings Police Dep’t, 6 Case 2:21-cv-00841-ODW-PVC Document 28 Filed 03/21/22 Page 7 of 9 Page ID #:434 1 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation marks omitted).

The party seeking a fee award must provide 11 “evidence of the hours worked and the rate paid” and prove “that the rate charged is in line 12 with the ‘prevailing market rate of the relevant community.’” Carson v. Billings Police 13 Dept., 470 F.3d 889, 891 (9th Cir. 2006) (citations omitted). 14 Here, undersigned counsel submitted a declaration and an itemization of the work 15 performed indicating that 14.6 hours were reasonably expended on the case.

The party seeking attorneys’ fees bears the burden of “submitting |i evidence of the hours worked,” the rate charged, and that “the rate charged is in line with II the prevailing market rate of the relevant community.” Carson v. Billings Police Dep’t., 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation omitted).

The party seeking attorneys’ fees bears the burden of “submitting 24 || evidence of the hours worked,” the rate charged, and that “the rate charged is in line with 25 || the prevailing market rate of the relevant community.” Carson v. Billings Police Dep’t., 26 || 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation omitted).

Programs, 557 F.3d 1041 , 3 1046 (9th Cir. 2009); Carson v. Billings Police Dep’t, 470 F.3d 889, 891 (9th Cir. 2006). 4 Typically, the “relevant legal community” is the forum district7 and the local hourly rates for 5 similar work should normally be employed.

The party seeking attorneys’ 4 fees bears the burden of “submitting evidence of the hours worked,” the rate charged, and 5 that “the rate charged is in line with the prevailing market rate of the relevant 6 community.” Carson v. Billings Police Dep’t., 470 F.3d 889, 891 (9th Cir. 2006) 7 (internal quotation omitted). 8 III.

The prevailing market rate for attorneys of comparable 8 experience, skill, and reputation controls this determination; however, “[t]hat a lawyer 9 charges a particular hourly rate, and gets it, is evidence bearing on what the market rate is, 10 because the lawyer and his clients are part of the market.” Carson v. Billings Police Dep’t, 11 470 F.3d 889, 892 (9th Cir. 2006).

Victory Processing, as the party seeking attorney’s fees, “bears the burden of submitting evidence of the hours worked and the rate paid.” Carson y, Billings Police Dep't, 470 F.3d 889, 891 (9" Cir. 2006).

The requesting party also has the burden to demonstrate that the rates requested are "in 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation marks and citation omitted).

The party seeking attorneys’ fees bears the burden of “submitting 5 evidence of the hours worked,” the rate charged, and that “the rate charged is in line with 6 the prevailing market rate of the relevant community.” Carson v. Billings Police Dep’t., 7 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation omitted).

The party seeking attorneys’ fees bears the burden of 14 “submitting evidence of the hours worked,” the rate charged, and that “the rate charged is 15 line with the prevailing market rate of the relevant community.” Carson v, Billings 16 || Police Dep't., 470 F.3d 889, 891 (9th Cir. 2006) (internal quotation omitted). 17 Defendant’s fee request is based upon the some of the following rates for 18 || Troutman Sanders LLP counsel: $675 for Michael F. Heafy, Charanjit Brahma, J…