Ralph Nader v. Kenneth Bennett

MEMORANDUM

Plaintiffs-appellants Ralph Nader and Donald Daien appeal from the district court’s order denying attorney’s fees for hours spent seeking a preliminary injunction. This is the fourth time that the case has been before this court. See Nader v. Brewer, 386 F.3d 1168 (9th Cir.2004); Nader v. Brewer, 531 F.3d 1028 (9th Cir. 2008); Nader v. Bennett, 407 Fed.Appx. 190 (9th Cir.2010). Our most recent decision affirmed the district court’s order in part, and remanded in part for the district court to determine whether “hours spent in the unsuccessful effort to obtain a preliminary injunction” counted toward “all of the hours that contributed to the eventual victory,” and therefore qualified for the fee award. 407 Fed.Appx. at 191 .

Upon remand, appellants had the burden to produce records to establish the number of hours that contributed to the ultimate victory on the merits. See Chalmers v. City of Los Angeles, 796 F.2d 1205, 1210 (9th Cir.1986). Appellants did not produce such records. The district court relied on its earlier conclusion that the preliminary injunction effort was a dilatory strategy meant to force a hasty decision, and that it did not contribute to the…