Edwards H. Metcalf v. Richard Borba, Darry Clanton, Charles Monroe, Elden Vestal, and Phil Baker

This is an appeal from a judgment of the district court awarding attorney’s fees, pursuant to 42 U.S.C. § 1988 , to Metcalf as the prevailing party in an action brought under 42 U.S.C. § 1983 against employees of the California Department of Fish and Game to recover damages to Metcalf’s property. Appellee filed a motion for attorney’s fees twenty-five days after entry of judgment. Appellants assert that this request was untimely under Rule 59(e) of the Federal Rules of Civil Procedure and local practice rule 265-2 of the United States District Court for the Northern District of California (hereinafter L.R. 265-2). Both Rule 59(e) and L.R. 265-2 contain a ten-day time limit following the entry of judgment in which petitions must be filed. Appellants further contend that the fee request failed to comply with the local rules since a “cost bill” was never filed. Finally, appellants allege several grounds in support of their argument that the district court abused its discretion by awarding attorney’s fees. Appellants contend that fees should not have been awarded in this case because plaintiff possessed the financial resources to pay counsel and because plaintiff’s suit for damages…