Local Rule LR 54.2: Attorney's Fees

LR 54.2 Attorney's Fees. If a final judgment, including a judgment made final under Federal Rule of Civil Procedure 54(b), does not determine (or establish other procedures for determining) the amount of attorney's fees which are authorized by 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:

(a) 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 Federal Rules of Civil Procedure 50(b), 52(b) or 59.

(b) The motion shall be filed pursuant to Federal Rule of Civil Procedure 54(d)(2) with the Clerk of the Court and served under Federal Rule of Civil Procedure 5 upon the parties against whom the award is sought.

(c) Within 30 days (or such other period as the Court may prescribe) after entry of the final judgment, the movant shall file and serve a detailed specification and itemization of the requested award, with appropriate affidavits and other supporting documentation.

(d) Hearings on the motion shall be conducted by the Court in accordance with Federal Rules of Civil Procedure 43(e) and 78 and with applicable statutory and decisional standards and principles.

(e) Pendency of a motion filed under this rule does not extend the time for appealing from, or for filing a motion under, Federal Rules of Civil Procedure 50(b), 52(b), or 59 directed to the judgment giving rise to the claim for attorney's fees, but may be taken into consideration by the Court in ruling on a motion for extension of time for appealing filed under Federal Rule of Appellate Procedure 4(a)(5).