In the Matter of: TRAVIS JACOB TRUPP, TRAVIS JACOB TRUPP v. Higgs Fletcher & Mack Llp

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In the Matter of:
TRAVIS JACOB TRUPP,
_____________________
TRAVIS JACOB TRUPP,
Appellant,
v.
HIGGS FLETCHER & MACK LLP,
Appellee.
No. 17-56454
D.C. No.
3:16-cv-02503-DMS-DHB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted March 4, 2019**
Pasadena, California
FILED
MAR 20 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Before: WARDLAW and BENNETT, Circuit Judges, and SESSIONS,*** District
Judge.
Travis Trupp appeals the bankruptcy court’s award of civil contempt
damages and attorney’s fees, arguing that the award is insufficient. The district
court affirmed the bankruptcy court’s ruling. We affirm as well.
The bankruptcy court found that Higgs Fletcher & Mack LLP (“HFM”) was
liable for civil contempt sanctions, and awarded Trupp $1,067.50 in damages, fees
and costs. In doing so, the bankruptcy court properly considered whether Trupp
could have mitigated his damages in light of HFM’s diligent effort to take
responsibility for its actions. See In re Roman, 283 B.R. 1, 12 (B.A.P. 9th Cir.
2002). The bankruptcy court also properly determined a reasonable rate for
Trupp’s attorney’s services, supporting its determination with specific findings.
See Gracie v. Gracie, 217 F.3d 1060, 1070 (9th Cir. 2000). We have reviewed
Trupp’s remaining arguments and find them to be without merit.
Trupp’s request for judicial notice of material from outside the district court
record is denied (Dkt. 21). See Fed. R. App. P. 10(a).
AFFIRMED.
*** The Honorable William K. Sessions III, United States District Judge
for the District of Vermont, sitting by designation.
2

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