(a) Costs. If parties can agree on costs, it is not necessary to file a cost bill with the clerk.
If counsel cannot agree, a cost bill will be filed with the clerk within thirty days from
the termination of the case. If a cost bill is filed, the clerk will assess costs after
notice and hearing. No costs are to be paid through the clerk except those that are due
the clerk.
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(b) Attorney’s Fees. Consistent with the provision in FRCP 54(d)(2)(B) permitting
variation in the time for filing a motion for attorney’s fees, a motion for an award of
attorney’s fees and related non-taxable expenses may be filed within 14 days from the
date the Court’s judgment becomes final. In addition to the requirements of Fed. R.
Civ. P. 54(d)(2), a motion for an award of attorney’s fees shall be supported by a
memorandum setting forth the authority of the Court to make such an award, why the
movant should be considered the prevailing party, if such a consideration is required
for the award, and any other factors that the Court should consider in making the
award. The motion shall also be supported by:
(1) an affidavit or declaration of counsel setting out in detail the number of hours
spent on each aspect of the case, and the rate customarily charged by counsel for
such work; and,
(2) an affidavit or declaration of another attorney in the community, who is not
otherwise involved with the case, setting out the prevailing rate charged in the
community for similar services. Within eleven days after service of the
motion, the party against whom the award is requested shall respond with any
objections thereto and an accompanying memorandum setting forth why the
award is excessive, unwarranted, or unjust.
(c) Payment and Satisfaction of Judgments. Except with the respect to garnishments,
litigation in which the United States is a party, or in which there is recovery by a
minor or incompetent, the Clerk shall not, unless authorized by order of the Court,
accept payment of judgments. When a judgment for the payment of money has been
satisfied, the prevailing party shall file with the Clerk a Notice of Satisfaction of
Judgment.
