Local Rule LCvR 54.2: DETERMINATION OF ATTORNEYS FEES

LCvR 54.2 DETERMINATION OF ATTORNEYS FEES

(a) POST-JUDGMENT CONFERENCE.

In any case in which a party may be entitled to an attorney's fee from another party, the Court may, at the time of entry of final judgment, enter an order directing the parties to confer and to attempt to reach agreement on fee issues. The order shall provide an extension of time for filing a motion under Fed. R. Civ. P. 54(d)(2)(B). Such an order shall also set a status conference, ordinarily not more than 60 days thereafter, at which the Court will (1) determine whether settlement of any and or all aspects of the fee matter has been reached, (2) enter judgment for any fee on which agreement has been reached, (3) make the determination required by paragraph (b) of this Rule, and (4) set an appropriate schedule for completion of the fee litigation. If the Court does not enter an order and schedule a status conference pursuant to this Rule, the parties are to proceed with motions for attorney's fees pursuant to Fed. R. Civ. P. 54(d)(2).

(b) DETERMINATION OF ATTORNEYS FEES PENDING APPEAL.

If a status conference described in paragraph (a) is held, the Court shall ascertain whether an appeal is being taken by either party, and if so, whether the appeal is on all or fewer than all issues. If a party has not finally decided whether to appeal, the Court may allow the party reasonable additional time to reach such a decision. After a decision has been made that there will be an appeal, the Court shall make a specific determination as to whether, in the interest of justice, the fee issues, in whole or in part, should be considered or be held in abeyance pending the outcome of the appeal.

(c) INTERIM AWARDS.

Nothing in this Rule precludes interim applications for attorney's fees prior to final judgment, nor does this Rule apply to attorney's fees sought as sanctions under Fed. R. Civ. P. 11, 16, 26, or 27.