(a) POST-JUDGMENT CONFERENCE.
In any case in which a party may be entitled to an attorney's fee from another party, the
Court may, at the time of entry of final judgment, enter an order directing the parties to
confer and to attempt to reach agreement on fee issues. The order shall provide an
extension of time for filing a motion under Fed. R. Civ. P. 54(d)(2)(B). Such an order
shall also set a status conference, ordinarily not more than 60 days thereafter, at which
the Court will (1) determine whether settlement of any and or all aspects of the fee matter
has been reached, (2) enter judgment for any fee on which agreement has been reached,
(3) make the determination required by paragraph (b) of this Rule, and (4) set an
appropriate schedule for completion of the fee litigation. If the Court does not enter an
order and schedule a status conference pursuant to this Rule, the parties are to proceed
with motions for attorney’s fees pursuant to Fed. R. Civ. P. 54(d)(2).
(b) DETERMINATION OF ATTORNEYS FEES PENDING APPEAL.
If a status conference described in paragraph (a) is held, the Court shall ascertain whether
an appeal is being taken by either party, and if so, whether the appeal is on all or fewer
than all issues. If a party has not finally decided whether to appeal, the Court may allow
the party reasonable additional time to reach such a decision. After a decision has been
made that there will be an appeal, the Court shall make a specific determination as to
whether, in the interest of justice, the fee issues, in whole or in part, should be considered
or be held in abeyance pending the outcome of the appeal.
(c) INTERIM AWARDS.
Nothing in this Rule precludes interim applications for attorney’s fees prior to final
judgment, nor does this Rule apply to attorney’s fees sought as sanctions under Fed. R.
Civ. P. 11, 16, 26, or 27.
