Filed: Jan. 09, 2020
Latest Update: Mar. 03, 2020
Summary: FILED NOT FOR PUBLICATION JAN 9 2020 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT DIMAS O’CAMPO, No. 17-16995 Plaintiff-Appellant, D.C. No. 2:08-cv-01624-KJM-DB v. RAGHBIR SINGH GHOMAN, DBA MEMORANDUM* Quik Shop 2, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, District Judge, Presiding Submitted July 16, 2019** San Francisco, California Before: PAEZ and RAWLINSON, Ci
Summary: FILED NOT FOR PUBLICATION JAN 9 2020 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT DIMAS O’CAMPO, No. 17-16995 Plaintiff-Appellant, D.C. No. 2:08-cv-01624-KJM-DB v. RAGHBIR SINGH GHOMAN, DBA MEMORANDUM* Quik Shop 2, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, District Judge, Presiding Submitted July 16, 2019** San Francisco, California Before: PAEZ and RAWLINSON, Cir..
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FILED
NOT FOR PUBLICATION
JAN 9 2020
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DIMAS O’CAMPO, No. 17-16995
Plaintiff-Appellant, D.C. No.
2:08-cv-01624-KJM-DB
v.
RAGHBIR SINGH GHOMAN, DBA MEMORANDUM*
Quik Shop 2,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted July 16, 2019**
San Francisco, California
Before: PAEZ and RAWLINSON, Circuit Judges, and HUCK,*** District Judge.
Dimas O’Campo (O’Campo) appeals the district court’s attorneys’ fee
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Paul C. Huck, United States District Judge for the U.S.
District Court for Southern Florida, sitting by designation.
award. O’Campo specifically challenges the hourly rate determination made by
the court. We have jurisdiction under 28 U.S.C. § 1331. Reviewing for abuse of
discretion, we affirm. See Vogel v. Harbor Plaza Ctr., LLC,
893 F.3d 1152, 1157
(9th Cir. 2018).
The district court did not abuse its discretion in determining the reasonable
hourly rate in the community for attorneys of comparable skill, experience, and
reputation. See Roberts v. City of Honolulu,
938 F.3d 1020, 1026 (9th Cir. 2019)
(confirming the standard). As the district court noted, reasonable hourly rates are
to be calculated consistent with the prevailing market rates in the relevant legal
community. See Sam K. ex rel. Diane C. v. Haw. Dep’t of Educ.,
788 F.3d 1033,
1041 (9th Cir. 2015). The district court permissibly relied on recent fee awards in
the district to determine the prevailing rate in similar cases for attorneys with
similar experience. See
id. (“District courts may consider the fees awarded by
others in the same locality for similar cases. . . .”) (citations omitted). In contrast,
O’Campo failed to submit “satisfactory” evidence of current market rates in the
relevant community for attorneys with similar skill and experience.
Id. (requiring
the fee applicant “to produce satisfactory evidence of the prevailing market rates”)
(internal quotation marks omitted).
AFFIRMED.
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