Porter v. Winter

Filing 77

ORDER directing supplemental briefing, signed by Magistrate Judge Sandra M. Snyder on 12/18/2012. (Supplemental Brief Deadline: 1/4/2013) (Figueroa, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RONALD L. PORTER,

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CASE NO. 1:06-cv-00880-AWI-SMS

Plaintiff,
ORDER DIRECTING
SUPPLEMENTAL BRIEFING

v.
RAY MABUS, Secretary,
Department of the Navy,

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Defendant.
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(Doc. 69)
/

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Plaintiff, Ronald Porter, appearing pro se, has moved for an order compelling Defendant

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to provide discovery and for sanctions against Defendant for failure to provide discovery. The

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sole claim in the second amended complaint is the propriety of the amount of EEOC’s award of

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attorneys’ fees and costs to Plaintiff, who was the prevailing party in the underlying

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administrative action.

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The Court’s review of legal authority in conjunction with Plaintiff’s motion to compel

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discovery reveals ambiguity regarding the nature of a district court’s review of an EEOC award

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of fees and costs. Does a district court review the administrative fee award under a discretionary

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standard as a circuit court of appeal would review a district court’s fee order, or does the district

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court determined the award of fees and costs de novo?

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Each party is directed to submit a supplemental brief addressing this question, not to

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exceed ten (10) pages, on or before January 4, 2013. If necessary, either or both parties may

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submit a response to the opposing party’s brief, not to exceed five (5) pages, on or before January

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9, 2013. The motion to compel discovery shall then be deemed submitted for decision pursuant

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to Local Rule 230(h) (Fed. R. Civ. P. 78).

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IT IS SO ORDERED.

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Dated:
icido3

December 18, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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