Local Rule LR 54.2: ATTORNEY'S FEES

LR 54.2 ATTORNEY'S FEES

(A) Procedure for Determination. If a final judgment, including a judgment made final under Fed. R. Civ. P. 54(b), does not determine (or establish other procedures for determining) the amount of attorney's fees which are authorized by federal statute to be awarded by the Court to or on behalf of a prevailing party or which may be sought under the equitable or inherent powers of the Court, the following procedures shall apply:

(1) The award of such fees (and expenses incident thereto not ordinarily allowable as taxable costs) shall be requested by special written motion addressed to the Court and shall not be included in a cost bill, in a motion for taxation or retaxation of costs, or in a motion under Fed. R. Civ. P. 50(b), 52(b), or 59.

(2) The motion shall specify the judgment and the statute or other grounds on the basis of which entitlement to the award is claimed and shall state the amount (or provide a fair estimate of the approximate amount) of the fees and expenses sought. Within thirty (30) days (or such other period as the Court may prescribe) after filing the motion, the movant shall file and serve a detailed specification and itemization of the requested award, with appropriate affidavits and other supporting documentation.

(3) Hearings on the motion shall be conducted by the Court in accordance with Fed. R. Civ. P. 43(e) and Fed. R. Civ. P. 78 and in accordance with applicable statutory and decisional standards.

(4) Pendency of a motion filed under this rule does not extend the time for appealing from, or for filing a motion under Fed. R. Crim. P. 50(b), 52(b), or 59 directed to the judgment giving rise to the claim for attorney's fees. The Court may, however, take the motion into consideration in ruling upon a motion for extension of time for appealing filed under Fed. R. App. P. 4(a)(5).