Frederick Brewster v. Wachovia Mortgage ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 26 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FREDERICK T. BREWSTER, No. 12-35561
Plaintiff-Appellee, D.C. No. 3:11-cv-05597-RBL
v.
MEMORANDUM*
WACHOVIA MORTGAGE, FSB,
Defendant,
and
WELLS FARGO BANK, NA,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted October 23, 2017**
Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.
Wells Fargo Bank, NA, appeals from the district court’s order awarding it
*
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).
$5,000 in attorney’s fees and costs on its motion for an attorney’s fees award in the
amount of $29,561.40. We have jurisdiction under 28 U.S.C. § 1291. We vacate
and remand.
We are unable to review the district court’s order awarding attorney’s fees to
Wells Fargo because the district court did not provide an adequate explanation for
its decision. See Carter v. Caleb Brett LLC, 757 F.3d 866, 868-69 (9th Cir. 2014)
(a district court is required to reach attorney’s fee decisions by considering the
factors set forth in Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 70 (9th
Cir. 1975) and “must also explain how it arrived at its determination with sufficient
specificity to permit an appellate court to determine whether the district court
abused its discretion in the way the analysis was undertaken.” (citation and internal
quotation marks omitted)). We vacate the district court’s order awarding
attorney’s fees and remand for the district court to articulate the basis for its fee
determination with sufficient specificity.
The parties shall bear their own costs on appeal.
VACATED and REMANDED.
2 12-35561