Jeff Hohlbein v. Utah Land Resources LLC

MEMORANDUM

Hohlbein appeals the order awarding but reducing his attorneys’ fees and costs after he prevailed on summary judgment in an Americans with Disabilities Act (“ADA”) lawsuit. The summary judgment was granted by Judge Sandoval, who retired before the question of attorneys’ fees and costs came before the Chief Judge to whom the case was assigned. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse. The facts and procedural history are known to the parties.

“We review the denial of attorney’s fees for abuse of discretion and must affirm unless the district court applied the wrong legal standard or its findings were illogical, implausible or without support in the record.” Tra fficSchool.com, Inc. v. Edriver Inc., 653 F.3d 820, 832 (9th Cir.2011) (citations omitted).

The court should award attorneys’ fees and costs to a prevailing plaintiff under the ADA, 42 U.S.C. § 12205 , unless special circumstances render the award unjust. Jankey v. Poop Deck, 537 F.3d 1122, 1130 (9th Cir.2008). “In making the award, the district court must strike a balance between granting sufficient fees to attract qualified counsel ... and avoiding a windfall to counsel. The way to do so…