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Legal Voice v. Stormans Inc.

United States Court of Appeals, Ninth Circuit

July 2, 2014

LEGAL VOICE, FKA Northwest Women's Law Center, Non-Party-Appellant,
v.
STORMANS INC., DBA Ralph's Thriftway; RHONDA MESLER; MARGO THELEN, Plaintiffs-Appellees

D.C. No. 3:07-cv-05374-RBL.

Attorneys' Fees

The panel granted the request of Legal Voice f/k/a Northwest Women's Law Center for publication of the panel's prior order filed March 31, 2014, which granted the Law Center's motion for attorneys' fees on appeal and transferred the matter to the district court under Ninth Circuit Rule 39-1.8, for a determination of the amount of fees to be awarded.

In the March 31, 2014, order, the panel noted that it had previously held that, under Federal Rule of Civil Procedure 45(d)(2)(B)(ii), the Law Center was entitled to at least a portion of the expenses it incurred in the district court, including attorneys' fees, in complying with the subpoena duces tecum served on it by plaintiffs. See Legal Voice v. Stormans Inc., 738 F.3d 1178 (9th Cir. 2013). The panel determined that its holding that the Law Center was entitled to attorneys' fees in the district court necessarily led to the conclusion that the Law Center also was entitled to attorneys' fees on appeal.

For Stormans Inc, Rhonda Mesler, Margo Thelen, Plaintiffs - Appellees: Steven H. Aden Alliance Defending Freedom, Washington, DC; Benjamin Wyman Bull, Esquire, Chief Counsel, Alliance Defending Freedom, Scottsdale, AZ; Luke William Goodrich, The Becket Fund for Religious Liberty, Washington, DC; Steven Thomas O'Ban, Kristen K. Waggoner, Attorney, Ellis, Li & McKinstry, PLLC, Seattle, WA.

For Legal Voice, f/k/a: Northwest Women's Law Center, FKA: Women's Law Center, Appellant: Daniel J. Gunter, Hilary Bramwell Mohr, Attorney, Scott A. Smith, Esquire, Attorney, Riddell Williams P.S., Seattle, WA.

For MARY SELECKY, Secretary of the Washington State Department of Health, Defendant: Alan D. Copsey, Attorney General of Washington, Olympia, WA; Joyce Ann Roper, Assistant Attorney General, Agwa - Office of The Washington Attorney General (Olympia), Agriculture & Health Division, Olympia, WA; Rene Tomisser, Assistant Attorney General, Attorney General Office, Olympia, WA.

Before: A. Wallace Tashima, Susan P. Graber, and Mary H. Murguia, Circuit Judges.

OPINION

Page 1016

ORDER

The request of Legal Voice f/k/a Northwest Women's Law Center for publication of the Order filed March 31, 2014, is granted, and that Order, in the form filed concurrently herewith, is ordered published.

ORDER

Legal Voice f/k/a Northwest Women's Law Center (" Law Center" ) has moved for an award of attorneys' fees on appeal. For the reasons briefly discussed below, we grant the Law Center's motion and transfer the matter to the district court under our local rule for a determination of the amount of fees to be awarded.

We previously held that, under Federal Rule of Civil Procedure 45(d)(2)(B)(ii), the Law Center is entitled to at least a portion of the expenses it incurred in the district court, including attorneys' fees, in complying with the subpoena duces tecum served on it by Plaintiffs. See Legal Voice v. Stormans Inc., 738 F.3d 1178 (9th Cir. 2013). Our holding that the Law Center is entitled to attorneys' fees in the district court necessarily leads to the conclusion that the Law Center also is entitled to attorneys' fees on appeal. Generally, a party that is entitled to an award of attorneys' fees in the district court is also entitled to an award of attorneys' fees on appeal. See, e.g., Stewart v. Gates, 987 F.2d 1450, 1454 (9th Cir. 1993) (noting that appellate attorneys' fees may be awarded under 42 U.S.C. § 1988's fee-shifting provision to a party that successfully defends an award on appeal); Planned Parenthood of Cent. & N. Ariz. v. Arizona, 789 F.2d 1348, 1354 (9th Cir. 1986) (awarding attorneys' fees on appeal under ยง 1988 when the plaintiff won on the merits in the district court and on appeal). We ...


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