Obadagbonyi v. Sky Recovery Services, Ltd.

Full title: AIDEYAN OBADAGBONYI, Plaintiff, v. SKY RECOVERY SERVICES, LTD., Defendant

Court: United States District Court, D. Nevada

Date published: Sep 10, 2010

3:10-cv-0226-LRH-RAM (D. Nev. Sep. 10, 2010)

Opinion

3:10-cv-0226-LRH-RAM.

September 10, 2010

ORDER

LARRY HICKS, District Judge

Presently before the court is plaintiff Aideyan Obadagbonyi's ("Obadagbonyi") motion for attorney's fees and costs filed on July 16, 2010. Doc. #14.¹ Defendant Sky Recovery Services, LTD. ("Sky Recovery") filed an opposition (Doc. #15) to which Obadagbonyi replied (Doc. #18).

1 Refers to the court's docket entry number.

I. Facts and Procedural History

II. Discussion

See ² See See

2 The total costs arise from a single $350.00 filing fee and a $175.00 pro hac vice application fee.

The court has reviewed the documents and pleadings on file in this matter and finds that Obadagbonyi is entitled to $525.00 in costs accrued in this matter because the award of costs is covered by the offer of judgment. See Doc. #15, Exhibit D; see also, Nusom v. Comh Woodburn, Inc., 122 F.3d 830, 833 (9th Cir. 1997) (holding that costs and fees should be awarded in accordance with the accepted terms of a settlement).

The court further finds that, based on the record before it, Obadagbonyi is not entitled to $2,910.00 in attorney's fees. Pursuant to the offer of judgment, Obadagbonyi is entitled to "attorney's fees at the rate and under the conditions specified in [her] attorney-client contract with [her counsel]." Doc. #15, Exhibit D. Here, Obadagbonyi's counsel provides a fee breakdown based on hourly rates but does not identify the contracted rates under the fees contract. Further, Obadagbonyi states that her contract with counsel was based upon a contingency fee rather than a hourly fee.

Finally, in support of her motion, Obadagbonyi has submitted a document identified as her fee agreement. However, the court finds that the unsigned, unauthenticated, and redacted document is insufficient to establish the fee rate and conditions of the contract necessary to support an award of fees pursuant to the offer of judgment. Accordingly, the court shall deny Obadagbonyi's request for attorney's fees without prejudice.

IT IS THEREFORE ORDERED that plaintiff's motion for attorney's fees and costs (Doc. #14) is GRANTED in-part and DENIED in-part.

IT IS FURTHER ORDERED that the clerk of court shall enter an award of costs in favor of plaintiff in the amount of $525.00.

IT IS SO ORDERED.

DATED this 9th day of September, 2010.