The Judge Michael Fitzgerald Order (C.D.) today is effective. Cal.) In Doe v. FitzgeraldAttorney fees are not payable to plaintiffs who win against defendant’s motion to reconsider.
The fee request of the plaintiffs is legitimate. Defendant made a motion [for reconsideration]With no support according to Local Rule 7-18, and didn’t withdraw the motion upon being invited. However, due to the long history of motions that were filed between the parties the Court doesn’t find the award of fees in this case appropriate.
Plaintiffs request for $60525.50 is an additional basis to reject the request. According to Plaintiffs, it took more than 80 hours to file an opposition of 14 pages to the supposedly unfounded motion. Such a request would be considered patently unreasonable by the Court. It is not possible for the Court to force an examination of billing in order to establish what fees are reasonable.
Reason.com’s first article, Asking for too much and you might get nothing appeared on Reason.com.