Local Rule Civ. RULE 54.2: COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES

Civ. RULE 54.2 COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES (a) Motions; Affidavits: Content. In all actions in which a counsel fee is allowed by the Court or permitted by statute, an attorney seeking compensation for services or reimbursement of necessary expenses shall file within 30 days of the entry of judgment or order, unless extended by the Court, a motion for fees and expenses in accordance with L.Civ.R. 7.1. The motion shall include any affidavits or other documents complying with 28 U.S.C. § 1746 setting forth the following: (1) the nature of the services rendered, the amount of the estate or fund in court, if any, the responsibility assumed, the results obtained, any particular novelty or difficulty about the matter, and other factors pertinent to the evaluation of the services rendered; (2) a record of the dates of services rendered; (3) a description of the services rendered on each of such dates by each person of that firm including the identity of the person rendering the service and a brief description of that person's professional experience; (4) the time spent in the rendering of each of such services; and (5) the normal billing rate for each of said persons for the type of work performed. The time spent by each individual performing services shall be totalled at the end of the affidavit or other document complying with 28 U.S.C. § 1746. Computerized time sheets, to the extent that they reflect the above, may be utilized and attached to any such affidavit or other document showing the time units expended. Reimbursement for actual, not estimated, expenses may be granted if properly itemized. (b) Affidavits: Fee Agreements. Applications for the allowance of counsel fees shall include an affidavit or other document complying with 28 U.S.C. § 1746 describing all fee agreements and setting forth both the amount billed to the client for fees and disbursements and the amount paid. (c) Exceptions Authorized. In appropriate circumstances, including but not limited to those where counsel fees are sought as sanctions in connection with discovery and other pretrial motions, the Judge to whom the application is directed may order that any one or more of the items enumerated in L.Civ.R. 54.2(a) and (b) will not be required. (d) Application for Attorney's Fees and Petitions for Leave to Appeal Determination of Attorney's Fees Under the Provisions of the Equal Access to Justice Act. (1) A party applying for an award of attorney's fees and expenses under 28 U.S.C. § 2412(d)(1)(B), as amended, shall identify the specific position of the Government which the party alleges was not substantially justified. (2) (A) A petition for leave to appeal an agency fee determination, pursuant to 5 U.S.C. § 504(c)(2), shall be filed with the Clerk within 30 days after the entry of the agency's order with proof of service on all other parties to the agency's proceedings. (B) The petition shall contain a copy of the order to be reviewed and any findings of fact, conclusions of law and opinion relating thereto, a statement of the facts necessary to an understanding of the petition, and a memorandum showing why the petition for permission to appeal should be granted. An answer shall be filed within 30 days after service of the petition, together with a reply memorandum. The application and any answer shall be submitted without further briefing and oral argument unless otherwise ordered. (C) Appeals to review fee determinations otherwise contemplated by the Equal Access to Justice Act shall be filed pursuant to the applicable statutes and these Rules. Amended: March 1, 2010; June 19, 2013.