Hale v. Emporia State University et al

Filing 209

MEMORANDUM AND ORDER granting 199 Motion to Alter or Amend Judgment construed as Motion for Attorneys' Fees. Signed by District Judge Daniel D. Crabtree on 12/2/2020. (jal)

Case 5:16-cv-04182-DDC Document 209 Filed 12/02/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ANGELICA HALE,
Plaintiff,
v.

Case No. 16-4182-DDC

EMPORIA STATE UNIVERSITY,
Defendant.
_____________________________________________
MEMORANDUM AND ORDER
This matter is before the court on plaintiff’s filing stylized as a Motion to Alter or Amend
Judgment (Doc. 199) and Memorandum in Support (Doc. 205). Despite the motion’s title, the
court construes the motion as one seeking an award of attorneys’ fees. The court does so based
on (1) plaintiff’s counsel’s decision to e-file the motion on CM/ECF as a motion for attorney
fees, (2) the motion’s substance, and (3) the Federal Rules of Civil Procedure governing
attorney’s fees awards. See Doc. 199 at 1 (explaining that plaintiff moves “[p]ursuant to . . .
Rule 54”); Fed. R. Civ. P. 54(d)(2) (governing claims for attorney’s fees); cf. Fed. R. Civ. P.
59(e) (governing motions to alter or amend a judgment).1
Defendant Emporia State University has not filed a formal response but its counsel, in an
email dated October 28, 2020, has informed the court that the “parties have reached an
agreement regarding the pending Motion for Attorney Fees (Doc. 199) and Memorandum in
Support (Doc. 205). Attached for the Court’s convenience is a proposed agreed order.” This

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See also Townley v. Servicemaster Co., LLC, No. 17-2430-DDC-JPO, 2017 WL 5517948, at *3
(D. Kan. Nov. 17, 2017), vacated on other grounds, Townley v. Servicemaster Co., LLC, No. 17-2430DDC-JPO, Doc. 37 (D. Kan. Feb. 26, 2018) (granting prevailing Title VII plaintiff’s post-judgment
“Motion for Attorneys’ Fees” under Rule 54(d) filed within 14 days of the court’s entry of judgment).

Case 5:16-cv-04182-DDC Document 209 Filed 12/02/20 Page 2 of 2

Order, with minor changes incorporating language reflecting the substance of the counsel’s email
message to the court and explaining the court’s construction of the filing, is that agreed Order.
WHEREFORE, for good cause shown, and pursuant to the agreement and stipulation of
the parties, the court hereby awards $24,160 for attorney fees and expenses of Brett M. Rubin
and $4,799.56 for attorney fees and expenses of Sarah A. Brown.
IT IS SO ORDERED.
Dated this 2nd day of December, 2020.
s/ Daniel D. Crabtree
Daniel D. Crabtree
United States District Judge

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