Morgan Hill Concerned Parents Association v. California Department of Education

Filing 298

ORDER signed by Magistrate Judge Allison Claire on 4/14/17 ORDERING that the 4/19/17 hearing of plaintiff's 291 motion for attorneys' fees is VACATED. Plaintiff shall re-notice the motion for hearing before the undersigned within 30 days of the resolution of plaintiff's motions for reconsideration. (ECF Nos. 236 & 288 .) (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MORGAN HILL CONCERNED
PARENTS ASSOCIATION, et al.,
Plaintiffs,

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ORDER
v.

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No. 2:11-cv-3471 KJM AC

CALIFORNIA DEPARTMENT OF
EDUCATION,

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Defendant.

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Noticed for hearing before the undersigned on April 19, 2017, is plaintiff’s motion for

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attorneys’ fees. (ECF No. 291.) Plaintiff’s motion concerns, in part, a determination of

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reasonable hourly rates. Reasonable hourly rates are normally calculated “according to the

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prevailing market rates in the relevant legal community.” Blum v. Stenson, 465 U.S. 886, 895

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(1984). Generally, the “‘relevant legal community’” is the forum district. Gonzalez v. City of

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Maywood, 729 F.3d 1196, 1205 (9th Cir. 2013) (quoting Prison Legal News v. Schwarzenegger,

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608 F.3d 446, 454 (9th Cir. 2010)). However, plaintiff has motions for reconsideration pending

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before the assigned District Judge which seek a ruling that the relevant legal community not be

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limited to the forum district. (ECF Nos. 236 & 288.)

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Accordingly, IT IS HEREBY ORDERED that:

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1. The April 19, 2017 hearing of plaintiff’s motion for attorneys’ fees (ECF No. 291) is

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vacated; and
2. Plaintiff shall re-notice the motion for hearing before the undersigned within 30 days

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of the resolution of plaintiff’s motions for reconsideration. (ECF Nos. 236 & 288.)

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DATED: April 14, 2017

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