Effective June 1, 2006

LR 54 BILL OF COSTS and ATTORNEY FEES (See Fed. R. Civ. P. 54)

LR 54.1 Costs — Other than Attorney Fees (See Fed. R. Civ. P. 54(d)(1))

(a) Filing Requirements (See 28 U.S.C. §§ 1920-24)

(1) Bill of Costs: Not later than fourteen (14) days after entry of judgment or receipt and docketing of the appellate court’s mandate, the prevailing party may file and serve on all parties a Bill of Costs that provides detailed itemization of all claimed costs. The prevailing party must file an affidavit and appropriate documentation.

(2) Verification: The Bill of Costs must be verified as required by 28 U.S.C. § 1924.

(b) Objections

Not later than eleven (11) days after service of the Bill of Costs, a party objecting to any item of cost must file and serve objections. Objections should be accompanied by an affidavit and supporting legal memorandum in support of the party’s position. A response, if any, must be filed not later than eleven (11) days after service of the objections.

(c) Legal Memoranda and Page Limitations

Except as authorized in advance by the Court, all legal memoranda in support of, or in opposition to, the Bill of Costs are limited to ten (10) pages.

LR 54.2 Order Taxing Costs

(a) Authority to Tax Costs

Unless otherwise directed by the Court, the clerk may tax costs provided in Fed. R. Civ. P. 54(d)(1), one day after the time limits established in LR 54.1 have expired.

(b) Objections to the Clerk’s Order Taxing Costs

Notwithstanding Fed. R. Civ. P. 54(d)(1), not later than eleven (11) days after filing of the clerk’s order taxing costs, any party may file and serve written objections to the clerk’s order. Unless requested by the Court, there will be no further submissions, and review by the Court will be determined on the same papers and evidence submitted to the clerk.

(c) No Oral Argument

Unless requested by the Court, costs will be taxed on the written submissions of the parties and without oral argument.

LR 54.3 Motion for Award of Attorney Fees (See Fed. R. Civ. P. 54(d)(2))

(a) Motion Requirements (See Fed. R. Civ. P. 54(d)(2)).

In addition to the requirements of Fed. R. Civ. P. 54(d)(2)(B), any motion for attorney fees must set forth the relevant facts and arguments of the moving party, along with all supporting authorities and affidavits.

(b) Objections or Other Responses

Objections and responsive materials are due not later than eleven (11) days after service of the motion. Replies, if any, must be filed not later than eleven (11) days after service of the objection.

(c) Hearing

Unless otherwise directed by the Court, any hearing on the motion for attorneys' fees will be heard by the Court without:

(1) Segregating the issue of liability for attorneys' fees from the issue of the amount of fees;

(2) Live testimony and/or cross-examination of witnesses;

(3) Extending the time for appeal of the underlying judgment under Fed. R. Civ. P. 58; or

(4) The parties submitting proposed findings and conclusions, and/or the parties objecting to proposed findings and conclusions issued by the Court.

(d) Other Options (See Fed. R. Civ. P. 54(d))

The Court may issue other appropriate orders relating to the motion for attorneys' fees ,including a decision to refer the motion and objections to mediation or other dispute resolution process.

(e) Legal Memoranda and Page Limitations

Except as authorized in advance by the Court, all legal memoranda in support of, or in opposition to, motions for attorney fees are limited to ten (10) pages.