Argus Leader Media v. United States Department of Agriculture

Filing 196

ORDER granting 194 Motion to Amend/Correct. Signed by U.S. District Judge Karen E. Schreier on 10/19/2017. (JLS)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
ARGUS LEADER MEDIA,
d/b/a Argus Leader,
Plaintiff,
vs.
UNITED STATES DEPARTMENT OF
AGRICULTURE,

4:11-CV-04121-KES

ORDER GRANTING SECOND
MOTION FOR ATTORNEY FEES AND
COSTS

Defendant.
Plaintiff, Argus Leader Media, moves for additional attorney fees and
costs for the fees incurred in filing the motion for attorney fees. Docket 194.
Defendant, United States Department of Agriculture (USDA), opposes the
motion. For the reasons stated below, the court grants Argus’s motion.
Argus moves for an additional fee of $2900 for 14.5 hours at $200 per
hour as reasonable compensation for the time spent preparing the motion and
brief to initially recover attorney fees. Such hours are compensable as “fees on
fees.” See Noxell Corp. v. Firehouse No. 1 Bar-B-Que Rest., 771 F.2d 521, 528
(D.C. Cir. 1985). Additionally, the number of hours and the rate are both
reasonable. Although Argus waited until after its initial attorney fees request
was granted to file this motion, the court finds that the delay was reasonable
under the circumstances. In the event Argus is ultimately successful on
appeal, the judgment for attorney fees and costs will also include this amount.

Because Argus is entitled to an award of “fees on fees,” it is
ORDERED that Argus’s motion for attorney’s fees (Docket 194) is granted
in the amount of $2,900, which will be due and owing if the underlying order
on the FOIA matter is affirmed by the Eighth Circuit Court of Appeals.
Judgment will be entered at that time.
DATED this 19th day of October, 2017.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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