Filed: May 25, 2012
Latest Update: May 25, 2012
Summary: ORDER JAMES C. DEVER, III, Chief District Judge. On April 11, 2012, defendant moved for an award of costs, including attorney's fees under 42 U.S.C. 1988 [D.E. 140]. Plaintiffs responded in opposition to the request for attorney's fees [D.E. 143], and defendant replied [D.E. 148]. Pursuant to section 1988, "a district court may in its discretion award attorney's fees to a prevailing defendant ... upon a finding that the plaintiff's action was frivolous, unreasonable, or without foundation."
Summary: ORDER JAMES C. DEVER, III, Chief District Judge. On April 11, 2012, defendant moved for an award of costs, including attorney's fees under 42 U.S.C. 1988 [D.E. 140]. Plaintiffs responded in opposition to the request for attorney's fees [D.E. 143], and defendant replied [D.E. 148]. Pursuant to section 1988, "a district court may in its discretion award attorney's fees to a prevailing defendant ... upon a finding that the plaintiff's action was frivolous, unreasonable, or without foundation." ..
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ORDER
JAMES C. DEVER, III, Chief District Judge.
On April 11, 2012, defendant moved for an award of costs, including attorney's fees under 42 U.S.C. § 1988 [D.E. 140]. Plaintiffs responded in opposition to the request for attorney's fees [D.E. 143], and defendant replied [D.E. 148]. Pursuant to section 1988, "a district court may in its discretion award attorney's fees to a prevailing defendant ... upon a finding that the plaintiff's action was frivolous, unreasonable, or without foundation." Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421 (1978); see 42 U.S.C. § 1988; Fox v. Vice, 131 S.Ct. 2205, 2213-16 (2011); Bryant Woods Inn. Inc. v. Howard Cnty., Md., 124 F.3d 597, 606-07 (4th Cir. 1997); Bloch v. Mountain Mission Sch., 846 F.2d 69, 1988 WL 45433, at *4-5 (4th Cir. 1988) (per curiam) (unpublished table opinion). Having reviewed the record, the court concludes that plaintiffs' action was not frivolous, unreasonable, or without foundation. See, e.g., Bryant Woods Inn, 124 F.3d at 606-07; Bloch, 1988 WL 45433, at *4-5. Thus, the court declines to award attorney's fees. Nevertheless, the court does award $5,720.50 for deposition costs. Accordingly, defendant's motion [D.E. 140] is DENIED in part and GRANTED in part.
SO ORDERED.
