1:25-cv-00490•Quiane v. West Physicians Associates, LLC
Gesamter Gesetzestext
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII AGRIFINA CORPUZ QUIANE, Plaintiff, vs. WEST PHYSICIANS ASSOCIATES, LLC; ET AL., Defendants. _______________________________ ) ) ) ) ) ) ) ) ) ) ) Civil No. 25-00490 DKW-KJM FINDINGS AND RECOMMENDATION TO DENY WPA DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES FINDINGS AND RECOMMENDATION TO DENY WPA DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES On March 16, 2026, Defendants West Physicians Associates, LLC, Antonio B. Cordero, Alfred Ines, Benjamin Gozun, and Ray Romero (collectively, “Defendants”) filed a Motion for Attorneys’ Fees (“Motion”). ECF No. 64. On March 18, 2026, Plaintiff Agrifina Corpuz Quiane (“Plaintiff”) filed a Notice to Cease and Desist and Notice of Motion and Motion to Strike Defendants’ Attorney Fees Request Notice of Motion, which the Court construes as Plaintiff’s Opposition to the Motion. ECF No. 65. On March 27, 2026, Defendants filed a Reply.1 ECF No. 66. 1 On March 31, 2026, Plaintiff filed a sur-reply. ECF No. 68. Because the Court did not grant Plaintiff leave to file a sur-reply, the Court will not consider it in ruling on the Motion. LR7.2 (“No further or supplemental briefing shall be submitted without leave of court.”). Case 1:25-cv-00490-DKW-KJM Document 69 Filed 04/03/26 Page 1 of 5 PageID.<pageID>
2 The Court elects to decide this matter without a hearing pursuant to Rule 54.2(g) of the Local Rules of Practice for the United States District Court for the District of Hawaii (“Local Rules”). After carefully considering the Motion, appliable law, and record in this case, the Court FINDS AND RECOMMENDS that the district court DENY the Motion. DISCUSSION This case is one part of a protracted dispute that the parties have litigated in federal and state court. On November 20, 2025, Plaintiff filed the complaint. ECF No. 1. On January 26, 2026, the district court issued an Order (1) Granting in Part and Denying in Part Without Prejudice Defendants’ Motion to Dismiss; (2) Denying Plaintiff’s Motions for Temporary Restraining Order; (3) Denying Plaintiff’s Motions to Compel Arbitration; and (4) Dismissing Case Without Leave to Amend (“01/26/2026 Order”). ECF No. 62. Pursuant to the 01/26/2026 Order, the Clerk of Court entered judgment in favor of Defendants. ECF No. 63. On March 16, 2026, Defendants filed the instant Motion. ECF No. 64. Defendants seek an award of attorneys’ fees. Id. at 1. Local Rule 54.2 governs motions for attorneys’ fees. The district court briefly discussed Local Rule 54.2 in the 01/26/2026 Order when it addressed Defendants’ previous, initial request for attorneys’ fees. ECF No. 62 at 17. The district court explained that “Local Rule 54.2 prescribes in detail a specific Case 1:25-cv-00490-DKW-KJM Document 69 Filed 04/03/26 Page 2 of 5 PageID.<pageID>
3 procedure for when and how a party may move for attorney’s fees and/or non- taxable costs.” Id. Because Defendants had not complied with Local Rule 54.2, the district court denied Defendants’ initial attorneys’ fees request without prejudice. Id. The Court finds that Defendants again fail to comply with Local Rule 54.2. Pursuant to Local Rule 54.2, a motion for attorneys’ fees must supported by a memorandum setting forth, among other things, “a description of the work performed by each timekeeper, broken down by hours expended on each task; the timekeeper’s customary fee for like work; the customary fee for like work prevailing in the community; any additional factors required by case law[.]” LR54.2(f). The motion must also be supported by an affidavit of counsel that includes, in relevant part, a “brief description of the relevant qualifications, experience, and case-related contributions of each timekeeper for whom fees are claimed, as well as any other factors relevant to establishing the reasonableness of the requested rates[.]” LR54.2(f)(5). The Court has carefully reviewed the Motion, counsel’s declaration attached thereto, and the Reply. Defendants seek $42,627 in attorneys’ fees based on work performed by four timekeepers with hourly rates ranging from $140 to $480. ECF No. 64-3. Defendants’ filings related to the Motion, however, do not contain any information regarding the qualifications or experience of the timekeepers, or Case 1:25-cv-00490-DKW-KJM Document 69 Filed 04/03/26 Page 3 of 5 PageID.<pageID>
4 information regarding prevailing community rates. Indeed, Defendants do not submit any evidence or caselaw that would establish the reasonableness of the requested hourly rates. See Roberts v. City of Honolulu, 938 F.3d 1020, 1023 (9th Cir. 2019) (citing Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)) (“It is the responsibility of the attorney seeking fees to submit evidence to support the requested hourly rate.”). Rather, Defendants rely on a single, conclusory statement by their attorney to establish reasonableness: “I have personally reviewed and approved of the time and charges set forth in Exhibit A and I believe that they were reasonable and necessary under the circumstances.” ECF No. 64-2 at 2 ¶ 3. This is insufficient under the Local Rules and Ninth Circuit case law. Beyond their own statements, “attorneys are required to submit additional evidence that the rate charged is reasonable.” Howard G. v. Dep’t of Educ., CIV. NO. 11-00523 DKW- RT, CIV. NO. 13-00029 DKW-RT, 2020 WL 2563275, at *13 (D. Haw. May 5, 2020) (citing Jordan v. Multnomah County, 815 F.2d 1258, 1263 (9th Cir. 1987)), adopted by 2020 WL 2561273 (D. Haw. May 20, 2020). Defendants failed to meet this Ninth Circuit mandate. Local Rule 54.2(h) states: “Failure to follow these rules regarding Fee Motions and/or related nontaxable expenses may, in the court’s discretion, result in the denial of such motions with prejudice.” LR54.2(h). Defendants fail to comply with Local Rule 54.2, as set forth above. Particularly because the district court Case 1:25-cv-00490-DKW-KJM Document 69 Filed 04/03/26 Page 4 of 5 PageID.<pageID>
5 specifically directed Defendants’ attention to Local Rule 54.2 in the 01/26/2026 order, Defendants should have been aware of, and complied with, the local rule’s requirements. Given the foregoing material deficiencies, the Court finds and recommends that the district court exercise its discretion to deny the Motion with prejudice. CONCLUSION Based on the foregoing, the Court FINDS AND RECOMMENDS that the district court DENY Defendants’ Motion for Attorneys’ Fees (ECF No. 64) WITH PREJUDICE. IT IS SO FOUND AND RECOMMENDED. DATED: Honolulu, Hawaii, April 3, 2026. Quiane v. W. Physicians Assocs., LLC, Civil No. 25-00490 DKW-KJM; Findings and Recommendation to Deny WPA Defendants’ Motion for Attorneys’ Fees Case 1:25-cv-00490-DKW-KJM Document 69 Filed 04/03/26 Page 5 of 5 PageID.<pageID>
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