Asante
Asante v. California Department of Health Care Services
Opinion
Lead Opinion
Chen, J.
ORDER GRANTING PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES; AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR REVIEW OF TAXATION OF COSTS
I. INTRODUCTION
Plaintiffs, nineteen hospitals from Oregon, Nevada, and Arizona, brought' this action challenging California’s Medi-Cal reimbursement policies for out-of-state hospitals. The Court awarded- partial summary-judgment to Plaintiffs, holding that disparities between payments to out-of-state and in-state hospitals violated the dormant commerce clause. Docket No. 65 at 44. Now pending before the Court are Plaintiffs’ Motion for Attorneys’ Fees and Costs, Docket No. 127, and Defendants’ Motion for Review of Taxation of Costs, Docket No. 143. The Court GRANTS Plaintiffs’ motion and GRANTS IN PART and DENIES IN PART Defendants’ motion.
II. DISCUSSION
A. Plaintiffs Entitlement to a Fee Award
Plaintiffs move for attorneys’ fees and costs pursuant to 42 U.S.C. § 1988 and Federal Rule of Civil Procedure 54. Section 1988 provides that a court may, “in its discretion,” award a “reasonable attorney’s fee” to a “prevailing party” in a suit brought under various federal statutes, including 42 U.S.C. § 1983 . “[Pjlaintiffs may be…