The Ninth Circuit provides a model (but optional) mediation protocol, for legal fees on appeal. The parties agree, and the able judge does as well -- that that would be a better approach. However, she is holding the government to a tight briefing schedule, so that we don't see much more foot dragging here:
. . . .On April 19, 2019, Plaintiffs filed a Motion for Award of Attorney's Fees and Costs, which is scheduled for a hearing on May 17, 2019 at 9:30 a.m. [535].
Plaintiffs assert in their Notice of Motion that they will request the same relief before the Ninth Circuit Court of Appeals, and that they will attempt to have their fee request "resolved via mediation under the supervision of the Ninth Circuit's Mediation Office." See id. at 4 n.1.1
By May 3, 2019, the parties shall file a joint status report discussing whether they intend to mediate their dispute (before the Ninth Circuits Mediation Office or otherwise) and, if so, whether Plaintiffs' Motion should be held in abeyance pending the outcome of their mediation in order to conserve scarce judicial resources. Notwithstanding this Order, the parties shall adhere to the briefing schedule imposed by Local Rules 7-9 and 7-10. IT IS SO ORDERED. . . .
Now you know. Grinning as the sun peeks through the lake haze, now here. Onward.
नमस्ते
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