Darren Gilbert v. Singh

Opinion

DARREN GILBERT,, Case No. 1:21-cv-01338-AWI-HBK Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE SUPPLEMENTAL DOCUMENTS v. (Doc. No. 12) PARAMJIT SINGH, individually and doing business as Super Mac Food & Gas SEVEN DAY DEADLINE #2 and ROBBY SINGH, individually doing business as Super Mac Food & Gas #2, Defendants. On September 3, 2021, Plaintiff commenced this action by filing a complaint against Defendants alleging violations of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq; the California Unruh Act, California Civil Code § 51 et seq.; and California Health & Safety Code §§ 19955, 19959. (Doc. No. 1, “Complaint”). On April 22, 2022, Plaintiff filed a Motion for Default Judgment as to all Defendants. (Doc. No. 12, “Motion”). In addition to damages, Plaintiff moves to recover $4,074.22 in attorney’s fees and costs in accordance with the ADA and the Unruh Act. (Doc. No. 12-1 at 7); see also 42 U.S.C. § 12205; Cal. Civ. Code § 52(a). In support of Plaintiff’s request for attorney fees, Plaintiff attaches an inventory of time itemizing attorney fees in the amount of $8,446.50 that appears to have been incurred in a different case, not the instant action. (See Doc. No. 12-3 at Exhibit A referring to the case of Gilbert v. Balahi (Adel’s). This Court has an independent duty to review an attorney’s request for attorney fees. See Langer v. Baharian, 2020 WL 4904657, *6 (C.D. Cal. May 20, 2020) (citing Gates v. Deukmejian, 987 F.2d 1392, 1401 (9th Cir. 1992)). Accordingly, it is ORDERED: Within seven (7) days from the date of this Order, Plaintiff must file a corrected inventory of time for the instant action to accurately reflect attorney’s fees for this action. Dated: _ January 9, 2023 Kobo Zh foareh Hack HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE