Consistent with Fed. R. Civ. P. 54(d)(2)(A), this Local Rule applies only where
substantive law does not require attorneys’ fees to be proved at trial as an element of
damages. This Local Rule does not apply to attorneys’ fees in Social Security appeals.
The Court will not consider a motion to award statutory attorneys’ fees until
moving counsel shall first advise the Court in writing that after consultation in person or
by videoconference or by telephone conference the parties are unable to reach an
agreement in regard to the fee award. Such consultation must include an explanation by
the party opposing the fee amount of the reasons for the opposition and a discussion of
ways to narrow or resolve the dispute. The statement of consultation shall set forth the
date of the consultation, the names of the participating attorneys, and the specific results
achieved.
Within twenty-one (21) days after the entry of a judgment, (i) the parties shall file
an appropriate stipulation and request for an order if they have reached an agreement on
an award of statutory attorneys’ fees; or (ii) if the parties have not reached such an
agreement, the moving party shall file the statement of consultation required by this rule
and a motion. Consistent with the provision in Fed. R. Civ. P. 54(d)(2)(B) permitting
variation in the time for filing a motion for attorneys’ fees, the 14-day deadline in Fed. R.
Civ. P. 54(d)(2)(B)(i) is modified to 21 days.
Whether or not agreement has been reached on attorneys’ fees, the party seeking
recovery of the fee shall prepare and file contemporaneously with the motion, and within
the same twenty-one (21) day deadline, the following supporting materials: a brief,
affidavit(s) addressing the following factors (l) the time and labor required; (2) the
novelty and difficulty of the questions involved; (3) the skill requisite to perform the legal
service properly; (4) the preclusion of other employment by the attorney due to
acceptance of the case; (5) the customary fee; (6) whether the fee is fixed or contingent;
(7) time limitations imposed by the client or the circumstances; (8) the amount involved
and the results obtained; (9) the experience, reputation, and ability of the attorneys; (10)
the “undesirability” of the case; (11) the nature and the length of the professional
relationship with the client; (12) awards in similar cases, and (13) the hours expended and
rates of timekeepers, the terms of applicable fee agreements, and itemization of time
spent for each attorney for whom a fee is sought showing the dates and tasks performed
sufficient for the Court to determine whether or not the work performed was
compensable, or other evidence, setting forth the factual basis for each criterion which
the Court will consider in making such an award. The supporting materials shall include
all information necessary to allow the Court to evaluate the reasonableness of the
requested fee. The Court reserves the right to require additional information it deems
necessary to make such determination and to alter any of the deadlines provided in this
Rule. The Court may, sua sponte or on motion of a party, extend the deadlines until after
resolution of any appeal.
In addition, the motion may be accompanied by an affidavit regarding the
reasonableness of the requested hourly fee from a disinterested attorney admitted to
practice in the Middle District of North Carolina who is experienced in handling similar
cases and familiar with the usual and customary charges by attorneys in the Middle
District who have comparable experience in similar cases.
Motions to award statutory attorneys’ fees shall be governed by LR 7.3, which
provides the opportunity for adversary submissions contemplated by Federal Rule of
Civil Procedure 54(d)(2)(C).
Unless a hearing is ordered by the Court, a ruling will be made by the Court on the
record.
This rule also shall govern expenses not taxable as costs when recoverable under
governing law incident to the award of fees, but any compensable expense shall be
segregated from any attorneys' fee sought. Any such expense sought shall be supported
by receipt.
As set out in the comments to Fed. R. Civ. P. 54(d), if an appeal is taken the Court
may rule on the motion for fees, may defer its ruling on the motion, or may deny the
motion without prejudice and direct a new period for filing after the appeal has been
resolved.
