United States District Court, D. Idaho
JOHN F. THORNTON, Plaintiff
KENNETH J. and DEANNA L. BARRETT, a married couple residing in Michigan, LUKINS & ANNIS, P.S., a Washington Professional Services Corporation, MICHAEL SCHMIDT, an individual residing in Idaho, TERRI BOYD-DAVIS, a married woman residing in Idaho, BONNER COUNTY SHERIFF'S DEPARTMENT, a governmental agency, DARYL WHEELER, in his capacity as Bonner County Sheriff, SALLY MITCHELL, in her capacity as Bonner County Deputy Sheriff, and LEANNE BANKSON, in her capacity as Bonner County Deputy Sheriff, Defendants.
MEMORANDUM DECISION AND ORDER
C. Nye Chief U.S. District Court Judge.
March 27, 2019, this Court issued its Memorandum Decision
and Order (Dkt. 24) wherein it ordered that Defendants
Kenneth and Deanna Barrett (hereinafter the
“Barretts”) and Defendants Bonner County
Sheriff's Department, Daryl Wheeler, Sally Mitchell and
Leanne Bankson (hereinafter “State Defendants”)
are entitled to an award of attorneys' fees and costs
under Idaho Code section 12-121.
April 15, 2019, the Barretts filed their “Motion and
Memorandum in Support of Award of Costs and Attorney Fees,
” requesting $11, 147.25 in attorneys' fees
incurred in obtaining a dismissal of this action. Dkt. 25. On
April 26, 2019, the State Defendants filed their
“Motion for Prevailing Party Attorneys' Fees,
” seeking $11, 687.00 in fees. Dkt. 26. Plaintiff John
F. Thornton (“Mr. Thornton”) objected in part to
both motions. Dkt. 28; Dkt. 29. In the interest of avoiding
delay, and because the Court conclusively finds that the
decisional process would not be significantly aided by oral
argument, the Court will decide the Motions on the record
without a hearing. Dist. Idaho Loc. Civ. R. 7.1(d)(1)(B).
Rule of Civil Procedure 54 governs the award of
attorneys' fees and provides as follows:
(A) Claim to Be by Motion. A claim for
attorney's fees and related nontaxable expenses must be
made by motion unless the substantive law requires those fees
to be proved at trial as an element of damages.
(B) Timing and Contents of the Motion. Unless a
statute or a court order provides otherwise, the motion must:
(i) be filed no later than 14 days after the entry of
(ii) specify the judgment and the statute, rule, or other
grounds entitling the movant to the award;
(iii) state the amount sought or provide a fair estimate of
(iv) disclose, if the court so orders, the terms of any
agreement about fees for the services for which the claim is
Fed. R. Civ. P. 54(d)(2) (italics in original).
determining that a basis exists for a proper award of
attorney fees, the Court must calculate a reasonable fee
award. Hensley v. Eckerhart, 461 U.S. 424, 433
(1983). Generally, the Court utilizes the “lodestar
figure, ” which multiplies the number of hours
reasonably expended on the litigation by a reasonable hourly
rate. Id.; see also Camacho v. Bridgeport Fin.,
Inc., 523 F.3d 973, 977 (9th Cir. 2008). “Although
in most cases, the lodestar figure is presumptively a
reasonable fee award, the district court may, if
circumstances warrant, adjust the lodestar ...