Hobbs Medical Inc

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TypeOperating Company
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Entered
Case
Description
06/09/20
Case no longer referred to Magistrate Judge Katherine A. Robertson. (Rivera, Melissa) (Entered: 06/09/2020)
05/29/20
Judge Mark G. Mastroianni: MEMORANDUM AND ORDER RE: REPORT AND RECOMMENDATION CONCERNING AND AWARD OF ATTORNEYS' FEES entered as follows: For the reasons stated, The court has reviewed the Report and Recommendation, as well as the parties submissionsregarding attorneys fees. Plaintiffs original motion. Noting that no objections have been filed, thecourt, upon de novo review, hereby ADOPTS Judge Robertsons Report and Recommendation (Dkt.No. 58 ). The court specifically agrees with Judge Robertsons rationales for excluding an award forthe fees charged by attorneys with Rome McGuigan, P.C. and for basing the award only on theamounts documented in the Motion for Attorney Fees (corrected) filed on August 30, 2019.The court, therefore, supplements its earlier ruling (Dkt. No. 55 ) granting DefendantsMotion for Attorney Fees (Dkt. No. 33 ) by awarding $ 35,926.19 in fees and expenses.It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 05/29/2020)
05/06/20
Magistrate Judge Katherine A. Robertson: ORDER entered. REPORT AND RECOMMENDATION entered. Based on my review of the invoices and the parties briefing, I recommend that the court award the defendant Hobbs Medical, Inc. a total of $35,926.19 in attorneys fees and other litigation expenses. In the alternative, if the court decides to award fees and expenses on the basis of Defendants November 14, 2019 supplemental fee request, I recommend that the court award an additional $14,587.37 in attorneys fees and other litigation expenses, which will result in an award of attorneys fees and other litigation expenses totaling $50,513.56. (Finn, Mary) (Entered: 05/06/2020)
03/09/20
Judge Mark G. Mastroianni: REVISED ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Katherine A. Robertson. Pursuant to Fed. R. Civ. P. 54(d)(2)(D), this matter is referred for Report and Recommendations on Determination of Attorney's Fees. (Rivera, Melissa) (Entered: 03/09/2020)
01/08/20
Judge Mark G. Mastroianni: ELECTRONIC ORDER entered REFERRING CASE to Magistrate Judge Katherine A. Robertson. Referred for: Events Only (e). Further information: determination of attorney's fees. (Healy, Bethaney) (Entered: 01/08/2020)
11/21/19
Judge Mark G. Mastroianni: ELECTRONIC ORDER entered re: 33 Defendants Motion for Attorney Fees. Defendant seeks attorney fees pursuant to 35 U.S.C. § 285, which provides that [t]he court in exceptional cases may award reasonable attorney fees to the prevailing party. For purposes of § 285, an exceptional case is simply one that stands out from others with respect to the substantive strength of a partys litigating position (considering both the governing law and the facts of the case) or the unreasonable manner in which the case was litigated. Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. 545, 554 (2014). As the court has previously found in its order dismissing the case 26 and stated in its order denying Plaintiffs Rule 59(e) Motion to Alter, Amend or Vacate Judgment 41 : Not only did Plaintiff prepare a facially insufficient complaint due to reliance on outdated law, but it failed to take steps to amend its complaint between the time Defendant filed its motion to dismiss and the date of the hearing on that motion. Defendant had also provided Plaintiff with a copy of its motion to dismiss before it was filed, which identified this legal issue and gave Plaintiff an opportunity to withdraw its First Amended Complaint or seek leave to further amend the complaint prior to Defendant filing the motion to dismiss. Having considered the full context of this case, the court finds Plaintiffs approach marks this as an exceptional case in which an award of attorney fees is warranted. The case is referred to Magistrate Judge Robertson for a determination of the reasonable amount of fees to award. (Lindsay, Maurice) (Entered: 11/21/2019)
11/21/19
Judge Mark G. Mastroianni: ELECTRONIC ORDER entered re: 33 Defendants Motion for Attorney Fees. Defendant seeks attorney fees pursuant to 35 U.S.C. § 285, which provides that [t]he court in exceptional cases may award reasonable attorney fees to the prevailing party. For purposes of § 285, an exceptional case is simply one that stands out from others with respect to the substantive strength of a partys litigating position (considering both the governing law and the facts of the case) or the unreasonable manner in which the case was litigated. Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. 545, 554 (2014). As the court has previously found in its order dismissing the case 26 and stated in its order denying Plaintiffs Rule 59(e) Motion to Alter, Amend or Vacate Judgment 41 : Not only did Plaintiff prepare a facially insufficient complaint due to reliance on outdated law, but it failed to take steps to amend its complaint between the time Defendant filed its motion to dismiss and the date of the hearing on that motion. Defendant had also provided Plaintiff with a copy of its motion to dismiss before it was filed, which identified this legal issue and gave Plaintiff an opportunity to withdraw its First Amended Complaint or seek leave to further amend the complaint prior to Defendant filing the motion to dismiss. Having considered the full context of this case, the court finds Plaintiffs approach marks this as an exceptional case in which an award of attorney fees is warranted. The case is referred to Magistrate Judge Robertson for a determination of the reasonable amount of fees to award. (Lindsay, Maurice) (Entered: 11/21/2019)
11/13/19
REPLY to Response to 29 MOTION for Attorney Fees, 33 MOTION for Attorney Fees (Corrected) filed by Hobbs Medical, Inc.. (Attachments: # 1 Declaration of Stephen Ball (REDACTED, # 2 Exhibits A - C (REDACTED))(Ball, Stephen) (Entered: 11/13/2019)
11/13/19
Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 47 Motion for Leave to File Reply. The court had previously granted 46 Motion to Seal which allowed the filing under seal of Plaintiffs reply and now clarifies the docket by also granting 47 Motion for Leave to File said reply. (Rivera, Christina) (Entered: 11/13/2019)
11/06/19
Notice/Remark: The Defendant's SEALED Reply in Support of their Motion for Attorneys Fees, that have been reference in docket entries numbers 48 and 49 have been received and is now available from the clerks office. (Lindsay, Maurice) (Entered: 11/06/2019)