Kelly

MEMORANDUM *

When this case was previously before us, we ruled out any multiplier applied on account of two factors: (1) novelty and complexity of the case, and (2) loss of other clients. We also held that the multiplier should not have been applied to hours spent on the fee application. Kelly v. City of Oakland, 198 F.3d 779, 786-87 (9th Cir. 1999). We remanded for the district court to redetermine the fee award. On remand, the district court rejected all of the factors newly proffered by the plaintiff as justifying a multiplier, and this rejection is not appealed. Rather, the plaintiff now contends on appeal, that the “undesirability” of the case justifies a multiplier. It is clear to this court that the “undesirability” of the case was subsumed in the original district court ruling on the “novelty and complexity” of the case and in our court’s rejection of that factor in the first appeal. This is because the claimed “undesirability” in this case stems from the fact that the law at the time was adverse to the plaintiffs position. This goes to the novelty and complexity of the case, not to what we term “undesirability.” Compare Guam Soc’y of Obstetricians and Gynecologists v.…