The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
From today's order by Judge Michael Fitzgerald (C.D. Cal.) in Doe v. Fitzgerald, denying attorney fees to plaintiffs who prevailed in opposing defendant's motion for reconsideration:
Plaintiffs' request for fees is not frivolous. Defendant submitted a motion [for reconsideration] with no support under Local Rule 7-18 and did not withdraw the motion when invited to do so. However, given the voluminous history of motions filed between the parties, the Court does not find an award of fees appropriate here.
In addition, Plaintiffs' request for $60,525.50 serves as an independent basis to deny the request. Plaintiffs submit that it required in total more than 80 hours of attorney time to file a 14-page opposition to a supposedly baseless motion. The Court will not entertain such a patently unreasonable request. The Court cannot be forced to examine the billing to determine what amount of fees would have been reasonable.