Siperek v. United States of America

Filing 38

ORDER by Judge Benjamin H. Settle renoting 31 MOTION for Attorney Fees and 32 MOTION FOR BILL OF COSTS: Noting Date 10/31/2017. (TG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 SCOTT RYAN SIPEREK, Plaintiff, 9 v. 10 ORDER RE-NOTING PLAINTIFF’S MOTIONS FOR ATTORNEY FEES AND COSTS UNITED STATES OF AMERICA, 11 CASE NO. C17-5169 BHS Defendant. 12 13 14 15 This matter comes before the Court on Plaintiff’s motion for attorney’s fees and its motion for bill of costs. Dkts. 31, 32. On August 29, 2017, the Court entered an order granting summary judgment in 16 favor of Plaintiff and judgment was entered in this case. Dkt. 29. In the order, the Court 17 ordered that attorney fees be awarded to Plaintiff pursuant to 18 U.S.C § 925A as part of 18 the costs. Id. at 17. 19 On September 11, 2017, Plaintiff submitted an additional motion and his bill of 20 costs seeking an award of attorney fees. Dkts. 31, 32. On September 25, 2017, the 21 Government responded requesting that the Court delay any award of costs until after it 22 has decided whether it will pursue an appeal of the Court’s order. Dkt. 33 at 3. ORDER - 1 1 Alternatively, the Government opposes the award of any fees. Dkt. 33 at 3–5. On 2 September 29, 2017, Plaintiff filed his reply, noting that the Government does not argue 3 that the costs and fees are unreasonable at the rate and amount requested by Plaintiff. 4 Dkt. 37. 5 At the outset, the Court notes that it has already awarded costs, including 6 reasonable attorney fees, to Plaintiff. See Dkt. 29 at 17. The Government has not 7 submitted any argument or information not already considered by the Court that would 8 cause it to reconsider the award of costs and fees. Nonetheless, the Government also 9 argues that judicial economy is best served by delaying the award of costs and fees until 10 the litigation is final. See Harmon v. United States, 101 F.3d 574, 587 (8th Cir. 1996). 11 Accordingly, the Government requests that the Court delay its consideration of Plaintiff’s 12 motion until October 31, 2017, at which point the Government will have filed an appeal 13 or the time for filing an appeal will have expired. The Court will oblige this request. 14 15 The Clerk shall RE-NOTE Plaintiff’s motions (Dkts. 31, 32) for consideration on October 31, 2017. 16 IT IS SO ORDERED. 17 Dated this 20th day of October, 2017. A 18 19 BENJAMIN H. SETTLE United States District Judge 20 21 22 ORDER - 2

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