AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC v. DIXIE COUNTY FLORIDA

Filing 203

ORDER granting 201 MOTION for Reconsideration and vacating 198 REPORT AND RECOMMENDATION re 171 MOTION for Attorney Fees (Determination of Amount) filed by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC signed by MAGISTRATE JUDGE GARY R JONES on 2/6/12. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
AMERICAN CIVIL LIBERTIES
UNION OF FLORIDA INC,
Plaintiff,
v.

CASE NO. 1:07-cv-00018-MP-GRJ

DIXIE COUNTY FLORIDA,
Defendant.
_____________________________/
ORDER
This matter is before the Court on doc. 201, Motion for Reconsideration by
American Civil Liberties Union of Florida, Inc. (“ACLU”). On January 27, 2012, the
undersigned entered a report and recommendation on the ACLU’s motion for attorneys’
fees. The ACLU now moves the Court for reconsideration of the exclusion of 24.9
hours for the work it performed during the month of February 2007 for failure to comply
with Local Rule 54.1(B). The ACLU points out that on April 16, 2007, the Court entered
its initial scheduling order, which states that “[t]ime records for past work performed to
date in this case shall be filed within 30 days from receipt of this order, or by the
required filing date of the current month’s time records, whichever is later.” Doc. 14 at
6. Thus, the earliest that any report for time expended was due in this case was May
16, 2007. Accordingly, any filing prior to the May deadline was timely, including the
February 2007 hours filed on March 16, 2007. Moreover, Dixie County previously
represented to the ACLU that it did not object to the filing date of the February 2007
hours. Thus, despite Dixie County’s current objections and the ACLU’s failure to

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correct those objections in its reply brief, the report and recommendation should be
amended to award an additional $8,915.00 for the previously disallowed 24.9 hours –
20.9 for Katon at $350.00 per hour ($7,315.00) and 4.0 for Marshall at $400.00 per
hour ($1,600.00).
Accordingly, it is now ORDERED as follows:
1.

Plaintiff’s motion for reconsideration, doc. 201, is GRANTED.

2.

The report and recommendation, doc. 198, is VACATED and an amended
report and recommendation will be submitted.

DONE AND ORDERED this 6th day of February, 2012.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 1:07-cv-00018-MP-GRJ