Jimenez et al v. City of Chicago et al

Filing 19

ORDER granting 16 Motion for Attorney Fees, signed by Judge Marsha J. Pechman.(SC)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 v. CITY OF CHICAGO, et al., Defendants.

The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE THADDEUS JIMENEZ, et al., Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) NO. CV10-459-MJP (Northern District of Illinois Case No. 09-cv-8081) ORDER GRANTING CAROLYN NIELSEN'S MOTION FOR CALCULATION OF ATTORNEYS' FEES PER FED R. CIV. P. 4(C)(1)

This matter comes before the Court on the motion of Carolyn Nielsen asking that the Court enter a fee award in the amount of $33,752.50 in attorneys' fees and $690.75 in costs, in connection with Ms. Nielsen's successful efforts to quash two subpoenas brought by Police Defendants Jerome Bogucki, Mark Sanders, Raymond Schalk, F. Montilla, Lawrence Ryan and Robert Whiteman. The Court has reviewed the files and records herein, including: 1. Carolyn Nielsen's Motion for Calculation of Attorneys' Fees Per Fed. R.

Civ. P. 45(c)(1);

ORDER GRANTING ATTORNEYS FEES (NO. CV10-459-MJP) -- 1

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and 2. The supporting declarations and pleadings on file in this case, and otherwise

being fully advised on the matter, The Court hereby finds as follows: 1. The attorneys' fee request in the amount of $33,752.50, which reflects the

actual hours that DWT attorneys worked in connection with quashing the two subpoenas, is reasonable. See Long v. IRS, 932 F.2d 1309, 1313-14 (9th Cir. 1991); Morales v. City of San Rafael, 96 F.3d 359, 363-64 & n. 9 (9th Cir. 1996), amended 108 F.3d 981 (9th Cir. 1997). 2. The fees requested are reasonable because all of the work performed in this

case was based on a contingent billing arrangement in which the DWT attorneys bore completely the risk of non-payment. DWT entered into this litigation as part of its pro bono program with the expectation that it would seek its fees from the police defendants if Ms. Nielsen prevailed. 3. reasonable. The motion is herby GRANTED. Police Defendants Jerome Bogucki, Mark Sanders, Raymond Schalk, F. Montilla, Lawrence Ryan and Robert Whiteman are ordered to pay Ms. Nielsen $33,752.50 in attorneys' fees and $690.74 in costs. The costs request in the amount of $690.74 is properly supported and

ORDER GRANTING ATTORNEYS FEES (NO. CV10-459-MJP) -- 2

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IT IS SO ORDERED. DONE this _22nd_ day of September, 2010.

Marsha J. Pechman United States District Judge Presented by: Davis Wright Tremaine LLP Attorneys for Third Party Carolyn Nielsen

A

By s/ Sarah K. Duran Eric M. Stahl, WSBA #27619 Sarah K. Duran, WSBA #38954

ORDER GRANTING ATTORNEYS FEES (NO. CV10-459-MJP) -- 3