Kevin Bogue v. Nco Financial Systems

FILED NOT FOR PUBLICATION APR 17 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT KEVIN BOGUE, No. 15-35078 Plaintiff-Appellant, D.C. No. 3:14-cv-05799-RBL v. MEMORANDUM* NCO FINANCIAL SYSTEMS, INC., Defendant-Appellee. Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding Submitted April 7, 2017** Seattle, Washington Before: W. FLETCHER and GOULD, Circuit Judges, and BLOCK,*** District Judge. * 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). *** The Honorable Frederic Block, United States District Judge for the Eastern District of New York, sitting by designation. Kevin Bogue appeals from a district court order awarding him $1,001 in attorney’s fees. Because the district judge did not begin his fees analysis by first calculating the lodestar, Bogue asks that we vacate the award and remand for a recalculation of fees. See Camacho v. Bridgeport Fin., Inc., 523 F.3d 973, 982 (9th Cir. 2008). Under the circumstances, a remand for recalculation is so likely to result in the same award that we decline to do as Bogue requests. AFFIRMED 2