Susan N. Patrick v. Jonathan Brogan, et al.

Summary

The United States District Court for the District of Maine reconsidered its stay of a sanctions-related attorney's-fee motion while the plaintiff's appeal was pending. The court lifted the stay, awarded defendants $20,133 in attorney's fees as a sanction, reduced the hourly rate for work devoted to pursuing the fee award, and denied the plaintiff's motion for reconsideration.

Holdings

1. A district court retains jurisdiction during a pending merits appeal to adjudicate a sanctions-related attorney's-fee application and fix the amount of the sanction.
2. The defendants established a reasonable lodestar fee, and the court awarded the requested attorney's fees except for a reduction in the hourly rate applied to time spent pursuing the fee award.
3. The hourly rate for time spent pursuing the attorney's-fee award should be reduced to $100 per hour, resulting in a total award of $20,133.
4. Patrick's motion for reconsideration was denied because she did not present a cognizable legal basis showing that the prior order was erroneous.

Questions Presented

1. Whether a district court retains jurisdiction during a pending merits appeal to adjudicate and fix the amount of attorney's fees imposed as a sanction.
2. Whether defendants established a reasonable attorney's-fee award under the lodestar method.
3. Whether the hourly rates for time spent pursuing the attorney's-fee award should be reduced.
4. Whether Patrick demonstrated a cognizable basis for reconsideration of the court's prior order.

Disposition

other