Edwards

MEMORANDUM *

Defendants (“Marin Park”) appeal from the district court’s denial of their post- *16 judgment motion for attorney fees as the “prevailing party” in the action under 42 U.S.C. § 3613 , 42 U.S.C. § 1988 , California Civil Code § 798.85, and a contractual fees provision in their lease with plaintiff Edwards. The court denied the motion because the defendants failed to comply with local rules governing fee motions. As the parties are familiar with the facts, we relate them only as necessary to explain our decision.

1. Edwards claims Marin Park’s appeal is untimely. If so, we lack jurisdiction to consider it. Feldman v. Allstate Ins. Co., 322 F.3d 660, 665 (9th Cir.2003). But Edwards is mistaken.

Final judgment was entered August 15, 2002. Defendants’ fee motion, filed August 29, 2002, was timely under Federal Rule of Civil Procedure 54(d)(2)(B). Edwards filed her notice of appeal on September 13, 2002. The fees motion was denied November 1, 2002, and Marin Park’s appeal was taken December 2, 2002.

Edwards argues that, under Rule 58(e), Marin Park had only thirty days from the August 15 judgment to appeal “any” post-judgment order. This contention is incorrect. Federal…