Jimenez et al v. City of Chicago et al

Filing 29

ORDER granting 26 Second Motion for Attorney Fees; signed by Judge Marsha J. Pechman.(SC)

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The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE THADDEUS JIMENEZ, et al., Plaintiffs, v. CITY OF CHICAGO, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) NO. CV10-459-MJP (Northern District of Illinois Case No. 09-cv-8081) ORDER GRANTING CAROLYN NIELSEN'S SECOND MOTION FOR CALCULATION OF ATTORNEYS' FEES PER FED. R. CIV. P. 45(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 $4,219.50 in attorneys' fees and $10.50 in costs, in connection with Ms. Nielsen's successful opposition of a motion seeking a subpoena of Ms. Nielsen's journalistic work, 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 Second Motion for Calculation of Attorneys' Fees Per

Fed. R. Civ. P. 45(c)(1); and

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

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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 $4,219.50, which reflects the actual

hours that DWT attorneys worked in connection opposing the second motion 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 hereby GRANTED. Police Defendants Jerome Bogucki, Mark Sanders, Raymond Schalk, F. Montilla, Lawrence Ryan and Robert Whiteman are ordered to pay Ms. Nielsen $4,219.50 in attorneys' fees and $10.50 in costs. IT IS SO ORDERED. DONE this _7th _ day of December, 2010. The costs request in the amount of $10.50 is properly supported and

Marsha J. Pechman United States District Judge

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