Sheldon Kim v. Kaiser Foundation Health Plan, Inc., et al.

MOTION FOR INTERIM AWARD OF ATTORNEYS’ FEES

MOVING PARTY: Plaintiff Sheldon Kim

RESPONDING PARTY(S): Defendant Kaiser Foundation Health Plan, Inc.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff suffered a stroke, was placed on an unpaid leave of absence, was not permitted to return to work with modifications proposed by his physician, and eventually his employment was terminated.

Plaintiff moves for an interim award of attorneys’ fees.

TENTATIVE RULING:

Plaintiff Sheldon Kim’s motion for an interim award of attorneys’ fees is DENIED.

DISCUSSION:

Motion For Attorney’s Fees

Defendant has reinstated Plaintiff to a similar, but lesser, position, even though his physical condition was wholly unchanged from the time his employment was terminated. Plaintiff moves for an interim award of attorneys’ fees in the amount of $140,787.50 pursuant to the catalyst theory.

The motion will be denied for one simple reason.