Edmund C. Olson, as Trustee of the Edmund C. Olson Trust No.2, U/A Dated August 21, 1985 v. Han Kamakani Phua; Abel Simeona Lui

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDMUND C. OLSON, as Trustee of the
Edmund C. Olson Trust No.2, U/A Dated
August 21, 1985,
Plaintiff - Appellee,
v.
HAN KAMAKANI PHUA; ABEL
SIMEONA LUI,
Defendants - Appellants.
No. 12-17180
D.C. No. 1:10-cv-00691-ACK-
RLP
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
Alan C. Kay, District Judge, Presiding
Submitted July 22, 2014**
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
Han Kamakani Phua and Abel Simeona Lui appeal pro se from the district
court’s order granting the Edmund C. Olson Trust’s motion for attorney’s fees and
FILED
AUG 01 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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costs. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
discretion an award of attorney’s fees, and review de novo the underlying legal
analysis. Tutor-Saliba Corp. v. City of Hailey, 452 F.3d 1055, 1059-60 (9th Cir.
2006). We affirm.
Contrary to appellants’ contention, the Trust’s motion for attorney’s fees and
costs was timely filed because it was filed before entry of judgment. See Fed. R.
Civ. P. 54(d)(2)(B) (“Unless a statute or a court order provides otherwise, the
motion [for attorney’s fees] must . . . be filed no later than 14 days after the entry
of judgment”); Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 889 (9th Cir.
2000) (a Rule 54 motion for attorney’s fees is expressly conditioned on an entry of
judgment).
AFFIRMED.
12-17180 2

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