Darren Gilbert v. Singh ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN GILBERT,, Case No. 1:21-cv-01338-AWI-HBK 12 Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE SUPPLEMENTAL DOCUMENTS 13 v. (Doc. No. 12) 14 PARAMJIT SINGH, individually and doing business as Super Mac Food & Gas SEVEN DAY DEADLINE 15 #2 and ROBBY SINGH, individually doing business as Super Mac Food & Gas 16 #2, 17 Defendants. 18 19 On September 3, 2021, Plaintiff commenced this action by filing a complaint against 20 Defendants alleging violations of Title III of the Americans with Disabilities Act (“ADA”), 42 21 U.S.C. §§ 12101 et seq; the California Unruh Act, California Civil Code § 51 et seq.; and 22 California Health & Safety Code §§ 19955, 19959. (Doc. No. 1, “Complaint”). On April 22, 23 2022, Plaintiff filed a Motion for Default Judgment as to all Defendants. (Doc. No. 12, 24 “Motion”). In addition to damages, Plaintiff moves to recover $4,074.22 in attorney’s fees and 25 costs in accordance with the ADA and the Unruh Act. (Doc. No. 12-1 at 7); see also 42 U.S.C. § 26 12205; Cal. Civ. Code § 52(a). In support of Plaintiff’s request for attorney fees, Plaintiff 27 attaches an inventory of time itemizing attorney fees in the amount of $8,446.50 that appears to 28 have been incurred in a different case, not the instant action. (See Doc. No. 12-3 at Exhibit A 1 | referring to the case of Gilbert v. Balahi (Adel’s). This Court has an independent duty to review 2 | an attorney’s request for attorney fees. See Langer v. Baharian, 2020 WL 4904657, *6 (C.D. Cal. 3 | May 20, 2020) (citing Gates v. Deukmejian, 987 F.2d 1392, 1401 (9th Cir. 1992)). 4 Accordingly, it is ORDERED: 5 Within seven (7) days from the date of this Order, Plaintiff must file a corrected inventory 6 | of time for the instant action to accurately reflect attorney’s fees for this action. 4 8 Dated: _ January 9, 2023 Kobo Zh foareh Hack 9 HELENA M. BARCH-KUCHTA 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28