Order Assessing Costs — No. 3:21-cr-00018 (Dkt. 247, N.D. Cal.)

Summary

Order Assessing Costs, Document 247 filed April 21, 2025 in United States v. Rodney Lewis Stevenson, Case No. 21-cr-00018-CRB-1 in the Northern District of California. Retained counsel Jeremy Ross and Ryan D’Ambrosio represented Stevenson at his August 2023 trial, where a jury found him guilty on all counts; on December 15, 2023 the court appointed Robert Waggener as substitute trial counsel under the Criminal Justice Act. The court finds that retained counsel delayed turning over the case materials and then produced them in an unreadable form, and that an assessment of fees is warranted under its inherent power, citing Chambers v. NASCO, Inc. Charles R. Breyer, United States District Judge, orders Waggener to file a declaration of those costs and retained counsel to pay the full amount within 14 days of that filing.

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“Order Assessing Costs — No. 3:21-cr-00018 (Dkt. 247, N.D. Cal.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-assessing-costs-no-3-21-cr-00018-dkt-247-n-d-cal-87213457d4/, SHA-256 7bd4f8d5870ba01e256a60a14dd93d1004d8412c2d1192d4864f2a8716b35e7c.

Full text

Case 3:21-cr-00018-CRB Document 247 Filed 04/21/25 Page 1 of 3

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5 IN THE UNITED STATES DISTRICT COURT
6 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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8 USA, Case No. 21-cr-00018-CRB-1
9 Plaintiff,
ORDER ASSESSING COSTS
10 v.
11 RODNEY LEWIS STEVENSON,
Defendant.

United States District Court
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13 Retained Counsel Jeremy Ross and Ryan D’Ambrosio represented Defendant
14 Rodney Lewis Stevenson for Stevenson’s criminal trial in August 2023. A jury found
15 Stevenson guilty on all counts. See Verdict Form (dkt. 152). Thereafter, the Court

Northern District of California
16 appointed Robert Waggener as advisory counsel to Stevenson to “discuss the appointment
17 of substitute counsel to brief a motion for a new trial based upon ineffective assistance of
18 the [Retained Counsel].” See Order Appointing Adv. Counsel (dkt. 151).
19 Stevenson decided that he wanted to have new counsel replace the Retained
20 Counsel. See Status Report (dkt. 166). So, at a hearing on December 15, 2023, the Court
21 appointed Robert Waggener as substitute trial counsel for Stevenson, pursuant to the
22 Criminal Justice Act. See Minute Order (dkt. 171).1 At that hearing, the Court also
23 ordered the Retained Counsel to transfer materials related to their representation of
24 Stevenson to Mr. Waggener.
25 After significant delay—including an additional hearing, see dkt. 174, and a further
26 order from the Court directing document production, see dkt. 175—Retained Counsel
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28 The Court subsequently issued an order memorializing that appointment. See Order
Appointing Counsel (dkt. 172).
Case 3:21-cr-00018-CRB Document 247 Filed 04/21/25 Page 2 of 3

1 finally complied and turned over the materials to Mr. Waggener. See Certificates of
2 Compliance (dkts. 176, 177). However, the Court was later informed that when Retained
3 Counsel produced those materials, they did so in a way that required Waggener and his
4 staff to expend substantial time and resources to make the files readable.
5 Courts have the inherent power to impose sanctions for “conduct which abuses the
6 judicial process.” Chambers v. NASCO, Inc., 501 U.S. 32, 44–45 (1991). An assessment
7 of fees is “undoubtedly within” that inherent power when a party “shows bad faith by
8 delaying or disrupting the litigation or by hampering enforcement of a court order.” Id. at
9 45–46 (citation omitted). The Court finds that an assessment of fees against Retained
10 Counsel is warranted here given Retained Counsel’s (1) significant delay in turning over
11 the complete set of materials related to their representation of Stevenson and (2) further
delay and disruption caused by their giving the materials to Waggener in an unreadable

United States District Court
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13 format.
14 Therefore, the Court ORDERS Mr. Waggener to submit a declaration detailing the
15 costs he and his staff incurred in making the documents produced by Retained Counsel

Northern District of California
16 readable and otherwise usable. Mr. Waggener shall submit that declaration by May 21,
17 2025. Within 14 days of the declaration being submitted, Retained Counsel shall submit
18 payment for the full costs detailed, in accordance with the payment instructions filed by
19 the Court with this order. Retained Counsel shall file a declaration once the payment has
20 been submitted.
21 The Court notes that in assessing the above fees, it is exercising its inherent power
22 with “restraint and discretion,” Chambers, 501 U.S. at 44, and that the award goes no
23 further than “to redress the wronged party for ‘losses sustained,’” Goodyear Tire & Rubber
24 Co. v. Haeger, 581 U.S. 101, 108 (2017).
25 IT IS SO ORDERED.
26 Dated: April 21, 2025
CHARLES R. BREYER
27 United States District Judge
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Case 3:21-cr-00018-CRB Document 247 Filed 04/21/25 Page 3 of 3

1 PAYMENT INSTRUCTIONS
2 Payment shall be made to the Clerk of U.S. District Court, Attention: Financial
3 Unit, 450 Golden Gate Ave., Box 36060, San Francisco, CA 94102, or via the pay.gov
4 online payment system. The payment should note that it is for “CJA Costs” and include the
5 case number (21-cr-00018-CRB-1).
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United States District Court
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Northern District of California
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