Sami Rebekah Lau, on Behalf of Herself and All Other Similarly Situated v. Glendora Unified School District

ORDER

A plaintiff seeks to appeal the district court’s award of attorney’s fees as a term or condition to the granting of her motion under Federal Rule of Civil Procedure 41(a)(2) for a voluntary dismissal of her Title VII action. We remand this matter to the district court to allow the plaintiff a reasonable time within which to withdraw her motion for a voluntary dismissal and proceed to trial or consent to the dismissal despite the attachment of conditions.

Background

Sami Rebakah Lau filed this action pursuant to section 706(f)(3) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(f)(3), alleging that certain hiring practices engaged in by the Glendora Unified School District (“School District”) had a discriminatory impact upon women seeking employment in administrative positions. Her motion for class certification on behalf of women similarly situated was denied by the district court on the grounds of delay.

Subsequently, Lau moved to dismiss the action without prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. She expressed her intent to join a contemplated class action lawsuit in California state court which would raise similar…

concurring.

I concur fully in the court’s order. I write separately only to clarify the task the district judge faces on remand.

Given our disposition of this case, we do not reach the question of the propriety of the fees award. In particular, we express no view regarding the appropriate standard to be applied in awarding attorney’s fees as a condition of a Rule 41(a)(2) dismissal where the underlying suit is a Title VII action. Ordinarily the decision to award attorney’s fees under Rule 41(a)(2) is a matter within the trial court’s discretion, and the normal rules governing a court’s exercise of its discretion are applicable. See Sams v. Beech Aircraft Corp., 625 F.2d 273, 277 (9th Cir.1980). However, the United States Supreme Court has severely circumscribed the discretion of courts to award attorney’s fees in Title VII cases. Because Congress intended to encourage the vigorous enforcement of Title VII’s provisions by making it easier to bring a Title VII action, see, e.g., Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 420, 422 , 98 S.Ct. 694, 699, 700 , 54 L.Ed.2d 648 (1978), and because a Title VII plaintiff “is the chosen instrument of Congress” to enforce equal…

792 F.2d 929 41 Empl. Prac. Dec. P 36,511 , 5 Fed.R.Serv.3d 339 , 32 Ed. Law Rep. 951 Sami Rebekah LAU, on behalf of herself and all other similarly situated plaintiffs, Plaintiff/Appellant, v. GLENDORA UNIFIED SCHOOL DISTRICT, Defendant/Appellee. No. 84-6550. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1985. Decided June 24, 1986. A. Thomas Hunt, Walter Cochran-Bond, Hunt & Cochran-Bond, Los Angeles, Cal., for plaintiff/appellant. Spencer E. Covert, Jr., Parker & Covert, Santa Ana, Cal., for defendant/appellee. Appeal from the United States District Court for the Central District of California. Before REINHARDT and BEEZER, Circuit Judges, and NIELSEN, * District Judge. ORDER A plaintiff seeks to appeal the district court's award of attorney's fees as a term or condition to the granting of her motion under Federal Rule of Civil Procedure 41(a)(2) for a voluntary dismissal of her Title VII action. We remand this matter to the district court to allow the plaintiff a reasonable time within which to withdraw her motion for a voluntary dismissal and proceed to trial or consent to the dismissal despite the attachment of conditions. Background Sami…