Al-Qarqani v. Chevron Corporation ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 WALEED AL-QARQANI, et al., Case No. 4:18-cv-03297-JSW 12 Petitioners, [PROPOSED] ORDER GRANTING RESPONDENTS’ MOTION FOR 13 v. ATTORNEYS’ FEES AS A COMPENSATORY SANCTION 14 CHEVRON CORPORATION and CHEVRON PURSUANT TO THE NINTH U.S.A. INC., CIRCUIT’S ORDER OF JUNE 26, 15 2023 Respondents. 16 Judge: Hon. Jeffrey S. White 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER 2 As a compensatory sanction, the Ninth Circuit ordered attorney Edward Chung to reimburse 3 || Respondents for their attorneys’ fees incurred in responding to Mr. Chung’s filing of a fabricated newspaper article and subsequent proceedings. Dkt. 186. Pursuant to Circuit Rule 39-1.8, the Ninth 5 || Circuit transferred to this Court the determination of the appropriate award of attorneys’ fees. □□□ at 3. 7 Respondents have submitted attorney declarations and supporting evidence for an award of 8 || $251,313.72 in fees. The Court finds both that Respondents have satisfied their burden of proof to 9 || justify the requested fees, and that Respondents’ fees are reasonable. See United States v. $28,000.00 10 || in U.S. Currency, 802 F.3d 1100, 1105 (9th Cir. 2015). 11 The Court further concludes that Respondents are entitled to an award of prejudgment interest 12 || based on the prime rate because “awarding Defendants interest based on the prime rate . . . will 13 || adequately compensate Defendants for the time value of the money they had tied up in this litigation.” Amphastar Pharms. Inc. v. Aventis Pharma SA, Case No. 5:09-CV-00023-SHK, 2020 WL 15 || 8680070, at *30 (C.D. Cal. Nov. 13, 2020); see also In re Wash. Pub. Power Supply Sys. Sec. Litig., 16 || 19 F.3d 1291, 1305 (9th Cir. 1994) (“The district court has discretion to compensate delay in 17 || payment in one of two ways: (1) by applying the attorneys’ current rates to all hours billed during the 18 || course of the litigation; or (2) by using the attorneys’ historical rates and adding a prime rate 19 || enhancement.” (citation omitted)). The Court adopts the prejudgment interest calculations set forth in 20 || paragraphs 7 to 15 of the Declaration of Anne Champion and awards Respondents an additional 21 |} $16,970.13 in prejudgment interest. 22 Respondents’ motion is accordingly GRANTED. Mr. Chung shall pay Respondents 23 || $268,283.85, representing $251,313.72 in fees plus $16,970.13 in prejudgment interest. 24 25 IT IS SO ORDERED. 26 27|| DATED: October 24 —__, 2023 Hoff Je&tr hite 28 United States District Judge