In re 1563 28th Avenue, San Francisco, CA 94112, 19-cv-01385-LB. (2019)
Court: District Court, N.D. California
Number: infdco20191030f36
Visitors: 5
Filed: Oct. 25, 2019
Latest Update: Oct. 25, 2019
Summary: ORDER GRANTING INTERPLEADER PLAINTIFF'S MOTION FOR FEES AND COSTS Re: ECF No. 58, 93 LAUREL BEELER , Magistrate Judge . Interpleader plaintiff Peak Foreclosure moved for an award of $9,371.33 in fees and costs associated with this interpleader action. 1 The court has reviewed the filings in this case (including the supplemental declaration of Peak Foreclosure's counsel Reilly D. Wilkinson 2 ), finds that Peak Foreclosure's request is reasonable, and awards it $9,371.33 in fees and costs.
Summary: ORDER GRANTING INTERPLEADER PLAINTIFF'S MOTION FOR FEES AND COSTS Re: ECF No. 58, 93 LAUREL BEELER , Magistrate Judge . Interpleader plaintiff Peak Foreclosure moved for an award of $9,371.33 in fees and costs associated with this interpleader action. 1 The court has reviewed the filings in this case (including the supplemental declaration of Peak Foreclosure's counsel Reilly D. Wilkinson 2 ), finds that Peak Foreclosure's request is reasonable, and awards it $9,371.33 in fees and costs. ..
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ORDER GRANTING INTERPLEADER PLAINTIFF'S MOTION FOR FEES AND COSTS
Re: ECF No. 58, 93
LAUREL BEELER, Magistrate Judge.
Interpleader plaintiff Peak Foreclosure moved for an award of $9,371.33 in fees and costs associated with this interpleader action.1 The court has reviewed the filings in this case (including the supplemental declaration of Peak Foreclosure's counsel Reilly D. Wilkinson2), finds that Peak Foreclosure's request is reasonable, and awards it $9,371.33 in fees and costs. Cf. Sun Life Assur. Co. of Can. v. Estate of Chan, No. C-03-2205 S.C. 2003 WL 22227881, at *3 (N.D. Cal. Sept. 22, 2013) (finding that $8,000 was a fair award for fees and costs in connection with maintaining an interpleader action and filing a motion for discharge and awarding additional fees and costs for additional proceedings that arose in that case).3
To the extent that Peak Foreclosure has not yet deposited the interpleader funds of $273,331.73 with the court, the court directs it to do so (less $9,371.33, which it may retain to cover its fees and costs). The court directs Peak Foreclosure to file a notice on the docket when it has done so. Pursuant to the court's earlier order,4 within fourteen days of when Peak Foreclosure deposits the interpleader funds with the court, the clerk of the court is directed to disburse $34,187.63 to the United States on its claim filed May 23, 2019,5 after which the United States will be excused from further participation and dismissed from this matter.
IT IS SO ORDERED.
FootNotes
1. Peak Foreclosure Mot. — ECF No. 58 at 2.
2. Wilkinson Suppl. Decl. — ECF No. 93.
3. In his supplemental declaration, Mr. Wilkinson states that Peak Foreclosure has expended fees and costs of $11,525.38. Id. at 3. Peak Foreclosure's motion for fees and costs requested only $9,371.33, however. Peak Foreclosure Mot. — ECF No. 58 at 2. The claimants to the interpleader funds have not had the opportunity to respond to a request for $11,525.38. In any event, the court gave Peak Foreclosure an opportunity to submit an additional declaration to address a deficiency in its original request for fees and costs, not to give it an opportunity to revise its request upward. The court thus finds that $9,371.33, not $11,525.38, is an appropriate award. Cf. Fong v. Beehler, No. C-13-03021(EDL), 2013 WL 5913612, at *3 (N.D. Cal. Oct. 31, 2013).
4. Order — ECF No. 47.
5. United States Cl. — ECF No. 18.
Source: Leagle
