Holding district court on remand could reduce requested rates based on "evidence that undermines the reasonableness of the rate requested" although the party opposing the request for fees had not previously introduced any evidence undermining requested rates
Holding that fourth factor weighed against agency where agency took more than one year to process documents and provided no legal basis in response to a second FOIA request
Holding that a circuit mediator's remand orders furthered the petitioner's goals and thus constituted material alterations in the legal relationship between the parties for purposes of Buckhannon
845 F. Supp. 2d 1016 (N.D. Cal. 2012) Cited 47 times
Concluding that Ninth Circuit's holding that lower court had erred in applying Federal Rule of Civil Procedure 54(d) by requiring each party to bear its own fees before the 14–day time for filing a fee motion had expired was a purely procedural victory
5 U.S.C. § 552 Cited 12,210 times 557 Legal Analyses
Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party