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