Zoroastrian Center and Darb-E-Mehr of Metropolitan Washington, D.C. v. Rustam Guiv Foundation of New York et al

Filing 158

MEMORANDUM OPINION re Motion for Attorney's Fees and Costs on Appeal. Signed by District Judge Liam O'Grady on 3/24/17. (klau, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

ZOROASTRIAN CENTER AND DARB-E-MEHR OF
Metropolitan Washington, D.C.,

Plaintiff,

Civil Action No. l:13-cv-980

-v-

Rustam Guiv Foundation, et al.,

Defendants.

MEMORANDUM OPINION

This matter comes before the Court on remand from the Fourth Circuit Court of Appeals,

Dkt. No. 140, and on Defendants' Motion for Attorney's Fees and Costs on Appeal. Dkt. No.
143. The Court reviews this matter after receiving supplemental briefing from Defendants. Dkt.
No. 157. The Fourth Circuit remanded the case only with respect to the calculation ofattorney's

fees. For the reasons discussed below, the Court hereby ORDERS that Defendants' Motions are

GRANTED IN PART and DENIED IN PART. Defendants are entitled to$89,641.69 in fees

incurred in the district court proceeding and $57,237.00 in fees incurred on appeal less acredit of
$99,717.85 that Plaintiffpreviously tendered to satisfy the original fee award. Defendants'
Motion for Costs on Appeal is DISMISSED WITHOUT PREJUDICE and any motions for costs
which are not time-barred as discussed below may berefiled with the clerk ofthe appropriate
court.

I. Background

This demand for attorney's fees arises out of litigation over a failed effort to construct a

Zoroastrian worship center in Fairfax, Virginia. Plaintiff, Zoroastrian Center and Darb-E-Mehr