American Civil Liberties Union, et al v. John Kroger, et al

Filing 70

Filed order (FERDINAND F. FERNANDEZ, M. MARGARET MCKEOWN and RICHARD A. PAEZ) Plaintiffs filed timely motions seeking attorneys’ fees in this matter. Plaintiffs are awarded attorneys’ fees on appeal. We leave for the district court the issue of fees in that court. Plaintiffs’ request for an enhanced hourly rate for fees sought on appeal by Michael A. Bamberger and Rachael Balaban is denied. See Camacho v. Bridgeport Financial, Inc., 523 F.3d 973, 979 (9th Cir. 2008) (the general rule is that a reasonable hourly rate is based on the prevailing rate in the community in which the district court sits). The determination of the amount of the attorneys’ fees is transferred to the district court. See 9th Cir. R. 39-1.8; Am. Jewish Cong. v. City of Beverly Hills, 90 F.3d 379, 386 (9th Cir.1996) (en banc). [7613041] [09-35153, 09-35154] (WL)

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