Silvester, et al. v. Harris, et al.

Filing 129

ORDER Permitting Plaintiffs to Submit Additional Evidence Regarding Attorney's Fees, signed by District Judge Anthony W. Ishii on 12/3/2014. (IT IS HEREBY ORDERED that: 1. Plaintiffs will file supplemental briefing and evidence regarding attor neys fees for the time spent on post-trial motions and for the fee application as soon as possible, but no later than December 10, 2014; and 2. Defendant may file a response to Plaintiffs supplemental briefing within seven (7) days of service of Plaintiffs supplemental briefing and evidence.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFF SILVESTER, et al.,

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CASE NO. 1:11-CV-2137 AWI SAB

Plaintiffs
ORDER PERMITTING PLAINTIFFS TO
SUBMIT ADDITIONAL EVIDENCE
REGARDING ATTORNEYS’ FEES

v.
KAMALA HARRIS, Attorney General of
California, and DOES 1 to 20,
Defendants

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Currently pending before the Court is Plaintiffs’ motion for attorneys’ fees. On December

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2, 2014, the Court vacated the December 8, 2014 hearing date on this matter. However, in

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Plaintiffs’ reply brief in Footnote 2, Plaintiffs state that they will file a supplemental declaration

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prior to December 8, 2014, that requests additional fees for the post-trial motion work in this case.

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See Doc. No. 126.

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Attorneys’ fees for post-trial motion work, as well as for work done in connection with a

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fee application, are recoverable by the prevailing party. See Gonzalez v. City of Maywood, 729

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F.3d 1196, 1209 (9th Cir. 2013) (fee application); Perrin v. Goodrich, 2012 U.S. Dist. LEXIS

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67933, *7-*10 (C.D. Cal. May 14, 2012) (fee application and post-trial motions); Agster v.

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Maricopa Cnty., 486 F.Supp.2d 1005, 1020 (D. Ariz. 2007) (same); see also Commissioner of INS

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v. Jean, 496 U.S. 154, 161 (1990) (“. . . a fee award presumptively encompasses all aspects of the

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civil action.”). The Court will permit Plaintiffs to file supplemental declarations, evidence, and

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briefing with respect to attorneys’ fees for the fee application and the post-trial motions. The

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Court will also give Defendant the opportunity to file a response.

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Accordingly, IT IS HEREBY ORDERED that:
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Plaintiffs will file supplemental briefing and evidence regarding attorneys’ fees for the

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time spent on post-trial motions and for the fee application as soon as possible, but no later

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than December 10, 2014; and

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2.

Defendant may file a response to Plaintiffs’ supplemental briefing within seven (7) days of
service of Plaintiff’s supplemental briefing and evidence.

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IT IS SO ORDERED.
Dated: December 3, 2014
SENIOR DISTRICT JUDGE

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