Case No. CV 4:10-01564-CW Page 1
12345678910111213141516171819202122232425262728Pursuant to Civil Local Rule 6-3, the Plaintiffs move the Court for an order extending the
time for them to file a motion for statutory attorneys’ fees and for litigation costs and expenses
.While the Federal Defendants and the State Defendants have graciously signed a joint stipulationto this effect, filed herewith, BLAG has been unwilling to sign such a stipulation. Therefore,plaintiffs have filed this motion
with respect to any motion for reasonable attorneys’ fees, costsand expenses that they may file against BLAG. Assuming the Court grants plaintiffs’ extension
ested via stipulation, any motion for attorneys’ fees, costs and expenses would be filed
regarding all defendants and BLAG on the same day: August 22, 2012.Reasons for RequestThis successful action involved entities from whom prevailing plaintiffs may seek
reasonable attorneys’ fees, costs and expenses (“attorneys’ fees”) via different sta
tutes such as the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412
and 42 U.S.C.
§ 1988 (“Section 1988”).
However, EAJA and Section 1988 provide for two very different time frames within which to
file an attorneys’ fee motion. EAJA provides that such a motion be filed “within thirty days of final judgment….” 28 U.S.C. § 2412(d)(1)(B). Under Ninth Circuit authority, the judgment is
final on the date that a petition for certiorari becomes untimely.
Zheng v. Ashcroft
, 383 F.3d 919,920 (9th Cir. 2004), citing
Al-Harbi v. INS
, 284 F.3d 1080, 1083-1085 (9th Cir. 2002).However, Section 1988 fee motions are governed by the general rule that motions for feesbe
filed “no later than 14 days after the entry of judgment.” Fed. R. Civ. P. 54(d)(2)(B).
plaintiffs’ fee motion under section 1988 and
their motion under EAJA will necessarily involvevery similar considerations, such as determinations regarding rates and hours, it is efficient tohave plaintiffs file one motion regarding reasonable fees, costs and expenses sought from allother parties. However, because of the complexity of the fee motion and the involvement of multiple entities and at least two
separate fee statutes, it has not been possible for plaintiffs’
counsel to prepare and file their fee motion within the short time frame provided by the FederalRules of Civil Procedure. Moreover, as explained further below, and it the attached Declarationof Elizabeth Kristen,
plaintiffs’ counsel diligently sought a stipulation from all parties beginningon the day after the Court’s final judgment was entered
and continuing through June 5, 2012.
Case4:10-cv-01564-CW Document128 Filed06/07/12 Page2 of 5