Stormans Inc v. Mary Selecky

ORDER

The request of Legal Voice f/k/a Northwest Women’s Law Center for publication of the Order filed March 31, 2014, is granted, and that Order, in the form filed concurrently herewith, is ordered published.

ORDER

Legal Voice f/k/a Northwest Women’s Law Center (“Law Center”) has moved for an award of attorneys’ fees on appeal. For the reasons briefly discussed below, we grant the Law Center’s motion and transfer the matter to the district court under our local rule for a determination of the amount of fees to be awarded.

We previously held that, under Federal Rule of Civil Procedure 45(d)(2)(B)(ii), the Law Center is entitled to at least a portion of the expenses it incurred in the district court, including attorneys’ fees, in complying with the subpoena duces tecum served on it by Plaintiffs. See Legal Voice v. Stormans Inc., 738 F.3d 1178 (9th Cir.2013). Our holding that the Law Center is entitled to attorneys’ fees in the district court necessarily leads to the conclusion that the Law Center also is entitled to attorneys’ fees on appeal. Generally, a party that is entitled to an award of attorneys’ fees in the district court is also entitled to an award of attorneys’ fees…