Local Rule LR54.2: Motions for Attorney's Fees and Related Nontaxable Expenses.

LR54.2. Motions for Attorney's Fees and Related Nontaxable Expenses.

(a) Definitions. For purposes of this rule:

(1) "Fee Motion" means a motion, complaint or any other pleading seeking only an award of attorney's fees and related nontaxable expenses;

(2) "Movant" means the party filing the Fee Motion;

(3) "Respondent" means a party from whom the movant seeks payment; and

(4) "Related nontaxable expenses" means any expense for which a prevailing party may seek reimbursement other than costs that are taxed by the clerk pursuant to Fed. R. Civ. P. 54(d)(1).

(b) Time to File. Either before or after the entry of judgment, the court may enter an order with respect to the filing of a Fee Motion pursuant to Fed. R. Civ. P. 54. Unless the court's order includes a different schedule for such filing, the motion shall be filed in accordance with the provisions of this rule and shall be filed and served within forty-nine (49) days after the entry of the judgment or settlement agreement on which the motion is founded. If the court has not entered such an order before a motion has been filed pursuant to Fed. R. Civ., P. 54(d)(2)(B), then after such filing the court may order the parties to comply with the procedure set out in this rule as a post-filing rather than as a pre-filing procedure.

(c) Effect on Appeals. The filing of a Fee Motion shall have no effect on the time for appeal of any judgment on which the motion is founded. This rule does not change the time requirements of Fed. R. Civ. P. 59.

(d) Pre-Motion Meet and Confer. Prior to filing a Fee Motion, the parties involved shall meet and confer in a good faith attempt to agree on the amount of fees or related nontaxable expenses that should be awarded.

During the attempt to agree, the parties shall provide the following information to each other:

(1) The movant shall provide the respondent with the time and work records on which the motion will be based and shall specify the hours for which compensation will and will not be sought. These records may be redacted to prevent disclosure of material protected by the attorney-client privilege or work product doctrine.

(2) The movant shall inform the respondent of the hourly rates that will be claimed for each lawyer, paralegal, or other person. If the movant's counsel has been paid on an hourly basis in the case in question, records showing the rates paid for those services must be provided. If the movant will rely on other evidence to establish appropriate hourly rates, such as evidence of rates charged by attorneys of comparable experience and qualifications or evidence of rates used in previous awards by courts or administrative agencies, the movant shall provide such other evidence.

(3) The movant shall furnish the evidence that will be used to support the related nontaxable expenses to be sought by the motion.

(4) The movant shall provide the respondent with the above information within fourteen (14) days after the judgment upon which the motion is based, unless the court sets a different schedule.

(5) If no agreement is reached after the above information has been furnished, the respondent shall, within fourteen (14) days of receipt of that information, disclose any evidence the respondent will use to oppose the requested hours, rates, or related nontaxable expenses.

Seven (7) days after the above exchange of information is completed and before the motion is filed, the parties shall specifically identify all hours, billing rates, or related nontaxable expenses (if any) that will and will not be objected to, the basis of any objections, and the specific hours, billing rates, and related nontaxable expenses that in the parties' respective views are reasonable and should be compensated. The parties will thereafter attempt to resolve any remaining disputes.

All information furnished by any party under this section shall be treated as strictly confidential by the party receiving the information. The information shall be used solely for purposes of the fee litigation, and shall be disclosed to other persons, if at all, only in court filings or hearings related to the fee litigation. A party receiving such information who proposes to disclose it in a court filing or hearing shall provide the party furnishing it with prior written notice and a reasonable opportunity to request an appropriate protective order.

(e) Joint Statement. If any matters remain in dispute after the above steps are taken, the parties, prior to the filing of the Fee Motion, shall prepare a joint statement listing the following:

(1) The total amount of fees and related nontaxable expenses claimed by the movant (if the fee request is based on the "lodestar" method, the statement shall include a summary table giving the name, claimed hours, claimed rates, and claimed totals for each biller);

(2) The total amount of fees and/or related nontaxable expenses that the respondent deems should be awarded (If the fees are contested, the respondent shall include a similar table giving respondent's position as to the name, compensable hours, appropriate rates, and totals for each biller listed by movant); and

(3) A brief description of each specific dispute remaining between the parties as to the fees or expenses and all matters agreed upon.

The parties shall cooperate to complete preparation of the joint statement within forty-two (42) days after the entry of the judgment or settlement agreement on which the motion for fees will be based, unless the court orders otherwise.

(f) Fee Motion.

The movant shall attach the joint statement to the Fee Motion. Unless otherwise allowed by the court, the motion and any supporting or opposing memoranda shall limit their argument and supporting evidentiary matter to disputed issues. The memorandum in support of the Fee Motion, shall, as necessary to address the disputed issues, set forth the nature of the case; the claims as to which the movant prevailed; the claims as to which the movant did not prevail; the applicable authority entitling the movant to the requested award; a description of the work performed by each timekeeper, broken down by hours expended on each task; the timekeeper's customary fee for like work; the customary fee for like work prevailing in the community; any additional factors required by case law; a listing, in sufficient detail to enable the court to rule on the reasonableness of the request, of any expenditures for which reimbursement is sought; and any additional factors the movant wishes to bring to the court's attention.

(1) Summary Table. Counsel must provide a table that summarizes the total fees requested in the Fee Motion. The summary table must, at a minimum, include the following columns:

(A) Timekeeper;

(B) Rate;

(C) Hours;

(D) Total fees requested.

Sample:

Timekeeper Rate Hours Total Requested Attorney 1 $350.00 100 $35,000 Attorney 2 $225.00 100 $22,500 Attorney 3 $190.00 100 $19,000 Paralegal $110.00 100 $11,000

(2) Itemization of Work Performed. Counsel must submit a chart describing the services rendered in chronological order that includes, at minimum, the following columns:

(A) Date;

(B) Timekeeper;

(C) Hours billed;

(D) Description of services rendered.

Sample:

Date Timekeeper Hours Description of Services Rendered 02/01/2019 Attorney 1 7.8 02/01/2019 Attorney 2 1 02/02/2019 Attorney 3 0.8 02/03/2019 Paralegal 0.2

(3) Description of Services Rendered.

The party seeking an award of fees must describe adequately the services rendered, so that the reasonableness of the requested fees can be evaluated. In describing such services, counsel should be sensitive to information protected by the attorney-client privilege or the attorney work product doctrine, but must nevertheless furnish an adequate non-privileged description of the services in question. If the time descriptions are incomplete, or if such descriptions fail to describe adequately the services rendered, the court may reduce the award accordingly. For example, time entries for telephone conferences must include an identification of all participants and the reason for the call; entries for legal research must include an identification of the specific issue researched and, if possible, should identify the pleading or document for which the research was necessary; entries describing the preparation of pleadings and other documents must include an identification of the pleading or other document prepared and the activities associated with such preparation. Block billing is not permitted, and block billed entries may be partially or completely excluded by the court.

(4) Description of Expenses Incurred.

In addition to identifying each requested nontaxable expense, the movant shall set forth the applicable authority entitling the movant to such expense and should attach copies of invoices and receipts, if possible.

(5) Affidavit of Counsel.

The Fee Motion shall be supported by an affidavit of counsel that includes:

(A) A brief description of the relevant qualifications, experience, and case-related contributions of each timekeeper for whom fees are claimed, as well as any other factors relevant to establishing the reasonableness of the requested rates;

(B) A statement that the affiant has reviewed and approved the time and charges set forth in the itemization of work performed and that the time spent and expenses incurred were reasonable and necessary under the circumstances; and

(C) A statement identifying all adjustments, if any, made in the course of exercising "billing judgment."

(g) Responsive and Reply Memoranda.

Unless otherwise ordered by the court, any opposing party may file and serve a responsive memorandum within seven (7) days after service of the Fee Motion. The responsive memorandum in opposition to a Fee Motion shall identify with specificity all disputed issues of law and fact, each disputed time entry, and each disputed expense item. The movant, unless otherwise ordered by the court, may file and serve a reply memorandum within seven (7) days after service of the responsive memorandum. Thereafter, unless otherwise ordered by the court, the motion and supporting and opposing memoranda will be taken under advisement and a ruling will be issued without a hearing.

(h) Court's Discretion to Deny with Prejudice.

Failure to follow these rules regarding Fee Motions and/or related nontaxable expenses may, in the court's discretion, result in the denial of such motions with prejudice.

(i) Referral to Magistrate Judge.

Unless otherwise ordered, a post-verdict or post-judgment Fee Motion shall automatically be referred to the magistrate judge assigned to the case pursuant to Fed. R. Civ. P. 54(d). Parties may consent to having the assigned magistrate judge enter a final order dispositive of the motion by submitting a completed Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge, Form HID 85A, to the clerk of court.

(j) Additional Matters.

At any time, the court may require, or the parties may request, a settlement conference to attempt to resolve the fees dispute by agreement. The parties may obtain relief from the time schedule set forth in this rule with the approval of the court.