(a) Consultation Required. A party who moves for statutory attorney’s fees pursuant
to Fed. R. Civ. P. 54(d)(2) must promptly initiate consultation with the other party
or parties.
(b) Where the Parties Agree. If the parties reach agreement, they must file an
appropriate stipulation and request for an order.
(c) Where the Parties Disagree. If they are unable to agree, the moving party must
file the following within 30 days of filing the motion:
(1) a statement that, after consultation in accordance with this rule, the parties
have been unable to reach an agreement with regard to the fee award; and
(2) a memorandum setting forth the factual basis for each criterion that the court
is asked to consider in making an award.
(d) Statement of Consultation. The statement of consultation must set forth the date
of the consultation, the names of those who participated, and the specific results
achieved.
The court will not consider a motion for statutory attorney’s fees made
pursuant to Fed. R. Civ. P. 54(d)(2) until the moving party files the statement of
consultation in compliance with this rule.
(e) Memorandum and Response. The memorandum in support of Fed. R. Civ. P. 54
motion must be supported by time records, affidavits, or other evidence. The
memorandum need not be filed at the same time as the motion. This is an exception
to D. Kan. Rule 7.1(a). Other parties have 14 days to file a response to the
memorandum in compliance with this rule.
(f) Discovery. Discovery may not be conducted in connection with motions for
awards of attorney’s fees unless the court permits upon motion and for good cause.
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