League of Women Voters v. Federal Communications Commission

ORDER DENYING PLAINTIFFS’ APPLICATION FOR AN AWARD OF ATTORNEYS’ FEES

On August 6, 1982 this Court entered summary judgment in favor of plaintiffs. League of Women Voters of California v. FCC, 547 F.Supp. 379 (C.D.Cal.1982). In the order granting summary judgment the Court indicated that plaintiffs were entitled to an award of costs and reasonable attorneys’ fees. Id., 577 F.Supp. at 388. Thereafter, defendant moved to alter or amend the judgment to delete the award of attorneys’ fees. Plaintiffs opposed this motion and filed a timely application for an award of attorneys’ fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). Plaintiffs’ application and defendant’s motion came on for hearing before the Court, the Honorable Malcolm M. Lucas, District Judge, presiding, on November 1, 1982. At oral argument the Court indicated that the award of attorneys’ fees was inadvertently included in the August 6,1982 order. Such an award was not appropriate in that plaintiffs had not applied for such an award at that time as required by 28 U.S.C. § 2412 (d)(1)(B). The Court, therefore, orally ordered the award of attorneys’ fees stricken from the judgment pursuant to…