Local Rule LR 54.01: COSTS AND ATTORNEY'S FEES

LR 54.01 – COSTS AND ATTORNEY'S FEES

(a) Costs. If counsel for the litigants in a civil case are able to agree on costs, they need not file a bill of costs with the Clerk. If counsel cannot agree, a bill of costs, with supporting documentation, must be filed by the prevailing party with the Clerk within thirty (30) days from the entry of the judgment in the case. A copy of said bill of costs must be served on opposing counsel. The filing of a bill of costs in the Court's CM/ECF system and the subsequent Notice of Electronic Filing (NEF) that is generated and emailed to case participants, or in the case of a paper filing the filing and service of a Bill of Costs by the filer, shall constitute the commencement of the 14-day notice period required under Fed. R. Civ. P. 54(d)(1)for the taxation of costs by the Clerk. Upon expiration of the 14-day period, the Clerk shall tax costs as sought by the prevailing party unless an objection is filed by the opposing party. If objections are filed within the 14-day period, the Clerk shall review the objections and make a determination as to whether and in what amount the costs should be taxed. Notice of the proposed taxation shall be provided by the Clerk and any exceptions to the proposed taxation must be filed within fourteen (14) days from the filing of the Notice of Taxation. Following consideration of the exceptions the Clerk shall issue a Taxation of Costs assessing the costs. Any motion seeking court review of the Clerk's taxation must be filed within seven (7) days from the date of the filing of the Taxation of Costs by the Clerk.

(b) Attorney's Fees.

(1) After Entry of District Court Judgment. Unless otherwise provided by statute or order of the Court, a motion for an award of attorney's fees and related nontaxable expenses must be filed within thirty (30) days from the District Court's entry of final judgment in the case.

(2) After Any Appeal. Unless otherwise provided by statute or order of the Court, a motion for an award of attorney's fees and related nontaxable expenses for appellate and Supreme Court litigation in the case must be made within thirty (30) days of the entry of the Sixth Circuit mandate and, if applicable, thirty (30) days from the denial of a petition for certiorari or other final decision of the Supreme Court.

(3) Social Security Appeals.

(A) Any application for attorney's fees under 28 U.S.C. § 2412(d)(1)(A) must be filed within thirty (30) days of the order of remand or reversal, and must be accompanied by the supporting documents described in this rule.

(B) Any application for attorney's fees under 42 U.S.C §406(b) must be filed within thirty (30) days after plaintiff's federal court attorney has received all of the Notices of Award that are necessary to calculate the total amount of retroactive benefits payable. An application submitted beyond the 30-day period will be considered only upon a showing of good cause for the delay. In addition to the required supporting documents described in this rule, a copy of the Notice(s) of Award must accompany any application for fees under this section.

(c) Requirement for Supporting Documents; Deadline for Objections. A motion or application for an award of attorney's fees must be supported by a separately filed memorandum of law as to the authority of the Court to make such an award, and as to why the movant should be considered the "prevailing party," if such is required for the award. The motion must also be supported by an accompanying affidavit of counsel setting out in detail the number of hours spent on each aspect of the case, the rate customarily charged by counsel for such work, the prevailing rate charged in the community for similar services, and any other factors that the Court should consider in making the award. The party or parties against whom the award is requested must file any objections within fourteen (14) days of the filing of the motion. The objections must be accompanied by a memorandum setting forth the objecting party's contentions why the award is excessive, unwarranted, or unjust. Failure to file timely objections may be deemed to be no opposition to the requested fees.