Doe v. City of Albuquerque

Filing 56

[9939388] Stipulation filed by Appellee Mr. John Doe and Appellant City of Albuquerque as to appellee's motion for attorneys' fees and costs. Served on: 02/02/2012. Manner of service: ECF/NDA. --[Edited docket event, text, and filer 02/02/2012 by SLS to reflect title of pleading filed.] PBD [Entered: 02/02/2012 10:11 AM]

Case No. 10-2102
IN THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
JOHN DOE,
Plaintiff-Appellee,
v.
CITY OF ALBUQUERQUE,
Defendant-Appellant.
_________________________________________________________________
On Appeal from the United States District Court
for the District of New Mexico
The Honorable M. Christina Armijo
United States District Judge
Case No. 08-CV-1041 MCA/LFG
__________________________________________________________________
STIPULATION AS TO
APPELLEE’S MOTION FOR AN ORDER AWARDING APPELLATE
ATTORNEYS’ FEES, EXPENSES AND COSTS AND REMANDING TO
THE DISTRICT COURT FOR DETERMINATION
_______________________________________________________________
Before BRISCOE, Chief Judge, EBEL and O’BRIEN, Circuit Judges.
__________________________________________________________________
The parties, through undersigned counsel, stipulate that:
1.

The Plaintiff-Appellee is a prevailing party on this appeal for purposes of 42
U.S.C. § 1988 and therefore entitled to an award of appellate attorneys’ fees,
expenses, and costs.

2.

This matter should be remanded to the district court to allow it to determine
the appropriate amount of Plaintiff-Appellee’s appellate attorneys’ fees,
expenses, and costs, along with its determination of the appropriate amount
of Plaintiff-Appellee’s attorneys’ fees, expenses, and costs incurred during
litigation in the district court. See, e.g., Roth v. Green, 466 F.3d 1179 (10 th
Cir. 2006) (remanding to district court for determination of appellate
attorneys’ fees and costs); Kansas Reapportionment, 745 F.2d at 614 (same)
(citations omitted).

3.

On January 26, 2012, Appellee filed his motion requesting (1) an order from
this Court awarding him his reasonable appellate attorneys fees, costs, and
expenses; and (2) that, in such an order, this Court remand the determination
of such appellate fees, costs, and expenses to the district court. Appellant
indicated that it was opposing Appellee’s requested relief because it needed
more time to consider the issue and its options. On January 27, 2012, this
Court ordered Appellant to file a response to Appellee’s motion for appellate
fees, costs, and expenses by February 10, 2012. Since the filing of these
pleadings, Appellee and Appellant have conferred in good faith and reached
the above-referenced stipulation, thereby obviating the need for Appellant to
file a response.

Respectfully submitted,
ROTHSTEIN, DONATELLI, HUGHES,
DAHLSTROM, SCHOENBURG &
BIENVENU, LLP
/s/ Brendan K. Egan
Brendan K. Egan
Cooperating Attorney, New Mexico Civil
Liberties Foundation
500 4th Street NW, Suite 400
Albuquerque, New Mexico 87102
[phone]
AMERICAN CIVIL LIBERTIES UNION OF
NEW MEXICO
Laura Schauer Ives
Managing Attorney
P.O. Box 566
Albuquerque, NM 87103
[phone]
Attorneys for Plaintiff-Appellee
/s/ Philip B. Davis
Philip B. Davis
Co-Legal Director, ACLU-NM
814 Marquette Avenue, NW
Albuquerque, NM 87102
[phone]
[e-mail]
Plaintiff’s Fee Counsel

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/s/ Gregory S. Wheeler (approved by telephone
2/2/12 - pbd)
Gregory S. Wheeler &
Peter H. Pierotti
Assistant Albuquerque City Attorneys
P.O. Box 2248
Albuquerque, NM 87103
Attorneys for Defendant-Appellant
CERTIFICATE OF DIGITAL SUBMISSION
I hereby certify that all required privacy redactions have been made and,
with the exception of those redactions, every document submitted in Digital Form
or scanned PDF format is an exact copy of the written document filed with the
Clerk. I also certify that the digital submissions have been scanned on February
2, 2012 for viruses with the most recent version of a commercial virus scanning
program AVG Anti-Virus Version 9.0.927, and, according to the program, are free
of viruses.

/s/ Philip B. Davis
Philip B. Davis

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