D. Ariz. LRCiv 54.2

(a) Scope. This Local Rule applies to claims for attorneys' fees and related

non-taxable expenses made in cases assigned to the Standard Track or Complex Track of

the local rule governing Differentiated Case Management. If a final judgment, including

a judgment made under Rule 54(b), Federal Rules of Civil Procedure, does not determine

the propriety and the amount of attorneys' fees authorized by statute or by contract, or if

the court does not establish other procedures for determining such fees, the procedures set

forth in this Local Rule apply. This Local Rule does not apply to claims for attorneys'

fees and related non-taxable expenses which may be recoverable as an element of

damages or to claims for attorneys' fees and related expenses for violations of the Federal

Rules of Civil Procedure or under 28 U.S.C. § 1927. The provisions of this Local Rule

also do not apply to any motion which may be filed after the entry of a default judgment

or by court-appointed counsel in a habeas corpus matter.6

(b) Time for Filing the Motion and Responsive and Reply Memoranda.

(1) Motions Seeking Fees from the United States. When recovery of

attorneys' fees and related non-taxable expenses are sought against the United States, the

motion and supporting memorandum of points and authorities must be filed in

accordance with the time limits set forth in 28 U.S.C. § 2412(d)(1)(B).

(2) Motions Seeking Fees from Parties Other than the United States. In

all other cases, unless otherwise provided by statute or court order entered in an

individual case, the party seeking an award of attorneys' fees and related non-taxable

expenses must file and serve a motion for award of attorneys' fees and related non-taxable

expenses (along with a supporting memorandum of points and authorities) within

fourteen (14) days of the entry of judgment in the action with respect to which the

services were rendered.

Although civil in nature, writs of habeas corpus are generally applicable to prior criminal

proceedings.

(3) Responsive and Reply Memoranda. Unless otherwise ordered by the

court, any responsive and reply memoranda must be filed in accordance with the

deadlines set forth in Rule 7.2, Local Rules of Civil Procedure.

(c) Content of Memorandum in Support of Motion for Award of

Attorneys' Fees and Related Non-Taxable Expenses. The memorandum of points and

authorities in support of a motion for award of attorneys' fees and related non-taxable

expenses shall include a discussion of the following matters with appropriate headings

and in the order listed below:

(1) Eligibility. This section must specify the judgment and cite the

applicable statutory or contractual authority upon which the movant seeks an award of

attorneys' fees and related non-taxable expenses. This section also must set forth a

description of the nature of the case and must identify the claims or defenses as to which

the party prevailed and the claims or defenses as to which the party did not prevail.

Counsel should cite the relevant legal authority governing the standard by which the

court should determine eligibility.

(2) Entitlement. This section must discuss the applicable factors

deemed relevant in determining whether attorneys' fees and related non-taxable expenses

should be allowed, with citation(s) to the relevant legal authority. If the moving party

claims entitlement to fees for preparing the motion and memorandum for award of

attorneys' fees and related non-taxable expenses, such party also must cite the applicable

legal authority supporting such specific request.

(3) Reasonableness of Requested Award. This section should discuss,

as appropriate, the various factors bearing on the reasonableness of the requested

attorneys' fee award, including, but not limited to, the following:

(A) The time and labor required of counsel;

(B) The novelty and difficulty of the questions presented;

(C) The skill requisite to perform the legal service properly;

(D) The preclusion of other employment by counsel because of

the acceptance of the action;

(E) The customary fee charged in matters of the type involved;

(F) Whether the fee contracted between the attorney and the

client is fixed or contingent;

(G) Any time limitations imposed by the client or the

circumstances;

(H) The amount of money, or the value of the rights, involved,

and the results obtained;

(I) The experience, reputation and ability of counsel;

(J) The "undesirability" of the case;

(K) The nature and length of the professional relationship

between the attorney and the client;

(L) Awards in similar actions; and

(M) Any other matters deemed appropriate under the

circumstances.

(d) Supporting Documentation. Unless otherwise ordered, the following

documentation shall be attached to each memorandum of points and authorities filed in

support of a motion for award of attorneys' fees and related non-taxable expenses:

(1) A Statement of Consultation. No motion for award of attorneys' fees

will be considered unless a separate statement of the moving counsel is attached to the

supporting memorandum certifying that, after personal consultation and good faith efforts

to do so, the parties have been unable to satisfactorily resolve all disputed issues relating

to attorneys' fees or that the moving counsel has made a good faith effort, but has been

unable, to arrange such conference. The statement of consultation shall set forth the date

of the consultation, the names of the participating attorneys and the specific results or

shall describe the efforts made to arrange such conference and explain the reasons why

such conference did not occur.

(2) Fee Agreement. A complete copy of any written fee agreement, or a

full recitation of any oral fee agreement, must be attached to the supporting

memorandum. If no fee agreement exists, then counsel must attach a statement to that

effect.

(3) Task-Based Itemized Statement of Fees and Expenses. A task-based

itemized statement of time expended and expenses incurred shall be prepared in

accordance with paragraph (e) of this Local Rule and shall be attached to the supporting

memorandum. Counsel may seek leave of court to file such statement under seal if

deemed necessary to prevent the disclosure of information protected by the attorney-client privilege and attorney work-product doctrine.

(4) Affidavit. The supporting memorandum must be accompanied by an

affidavit of moving counsel which, at a minimum, sets forth the following:

(A) Background. A brief description of the relevant

qualifications, experience and case-related contributions of each attorney for whom fees

are claimed.

(B) Reasonableness of Rate. A brief discussion of the terms of

the written or oral fee agreement, if any. This section shall include a statement as to

whether the client has paid any fees or expenses pursuant to any such fee agreement and,

if so, a statement of the amount paid and a description of the nature of the services for

which payment was made, the time involved in such services and the identity of the

person performing such services. As appropriate, this section also should discuss the

method by which the customary charges were established, the comparable prevailing

community rate or other indicia of value of the services rendered for each attorney for

whom fees are claimed.

(C) Reasonableness of Time Spent and Expenses Incurred. In

this section the affiant must state that the affiant has reviewed and has approved the time

and charges set forth in the task-based itemized statement and that the time spent and

expenses incurred were reasonable and necessary under the circumstances. This section

also must demonstrate that the affiant exercised "billing judgment." The affiant should

identify all adjustments, if any, which may have been made, and specifically, should state

whether the affiant has eliminated unnecessary, duplicative and excessive time, deleted

certain categories of time or expense entries and/or reduced the amount charged for a

particular type of expense such as facsimile or photocopy charges.

(5) Any other affidavits or evidentiary matter deemed appropriate under

the circumstances or required by law.

(e) Task-Based Itemized Statement of Attorneys' Fees and Related Non-Taxable Expenses. Unless otherwise ordered, the itemized account of the time expended

and expenses incurred shall be in the format described in this Local Rule.

(1) Format. The itemized statement for legal services rendered shall

reflect, in chronological order, the following information:

(A) The date on which the service was performed;

(B) The time devoted to each individual unrelated task performed

on such day;

(C) A description of the service provided; and

(D) The identity of the attorney, paralegal, or other person

performing such service.

(2) Description of Services Rendered. The party seeking an award of

fees must adequately describe the services rendered so that the reasonableness of the

charge can be evaluated. In describing such services, however, counsel should be

sensitive to matters giving rise to issues associated with the attorney-client privilege and

attorney work-product doctrine, but must nevertheless furnish an adequate nonprivileged

description of the services in question. If the time descriptions are incomplete, or if such

descriptions fail to adequately describe the service rendered, the court may reduce the

award accordingly. Explanatory examples are set forth below.

(A) Telephone Conferences. This time entry must identify all

participants and the reason for the telephone call.

Ex.: Telephone conference with J. Doe (attorney for

Defendant Baker) re response to settlement

proposal and further negotiations.

(B) Legal Research. This time entry must identify the specific

legal issue researched and, if appropriate, should identify the pleading or document the

preparation of which occasioned the conduct of the research. Time entries simply stating

"research" or "legal research" are inadequate and the court may reduce the award

accordingly.

Ex.: Work on motion for summary judgment

including (1) legal research re statute of

limitations applicable to Title VII cases and (2)

factual investigation pertaining to claimed

discrimination.

(C) Preparation of Pleadings and Other Papers. This time entry

must identify the pleading, paper or other document prepared and the activities associated

with its preparation.

Ex.: Prepare first amended complaint including

factual investigation underlying newly asserted

Lanham Act claim and legal research related to

elements of such claim.

(3) Description of Expenses Incurred. In a separate portion of the

itemized statement, identify each related non-taxable expense with particularity. Counsel

should attach copies of applicable invoices, receipts and/or disbursement instruments.

Failure to itemize and verify costs may result in their disallowance by the court.

(f) Responsive Memorandum. The responsive memorandum of points and

authorities in opposition to a motion for award of attorneys' fees and related non-taxable

expenses shall identify with specificity all disputed issues of material fact and shall

separately identify each and every disputed time entry or expense item. The respondent

may attach controverting affidavits.

(g) Discovery. Discovery shall not be conducted in connection with a motion

for award of attorneys' fees and related non-taxable expenses, unless ordered by the court

upon motion and good cause shown.

(h) Evidentiary Hearing. The court in its discretion or upon motion may set

an evidentiary hearing on a motion for award of attorneys' fees and related non-taxable

expenses to resolve serious disputes involving material issues of fact that compromise the

award. In all other cases, the court will determine the appropriate award, if any, of

attorneys' fees and related non-taxable expenses without an evidentiary hearing.

(i) Class Action Settlements. Notice of the amount of any attorneys' fees and

related non-taxable costs, or fair estimate thereof, to be sought in connection with any

action certified as a class action pursuant to Rule 23, Federal Rules of Civil Procedure

shall be given to all class members at the time, and in accordance with, the notice

provided to the class members given pursuant to Rule 23(e), Federal Rules of Civil

Procedure.

(j) Establishment of Fee Committee, Appointment of Special Master -

Class Actions. This section addresses attorneys' fees to be awarded under the equitable

or common fund doctrine, and in any action certified as a class action pursuant to Rule 23

of the Federal Rules of Civil Procedure.

(1) In such cases, the court may appoint a Fee Committee, with such

powers as the Court prescribes, to make recommendations on fees and expenses for all

attorneys submitting an application for attorneys' fees. Members of the Fee Committee

shall be paid for their services and expenses incurred out of the fund from which the

attorneys' fees are to be paid, on such basis as may be ordered by the court.

(2) Alternatively, the court may, in its discretion, appoint a special

master for this purpose, under and pursuant to the provisions of Rule 53 of the Federal

Rules of Civil Procedure.

(3) The Fee Committee or Master may be appointed following:

(A) The court's preliminary approval of a proposed class

settlement in accordance with Rule 23(e) of the Federal Rules of Civil Procedure; or

(B) The entry of a final judgment, or a judgment made final by

Rule 54(b) of the Federal Rules of Civil Procedure; or

(C) The entry of an appealable order which gives rise to an

entitlement to attorneys' fees.

(4) The membership of a Fee Committee appointed by the court shall

consist of three persons, at least two of whom shall be attorneys. All attorneys appointed

as members of a Fee Committee shall be members of the bar of this court. A committee

member may not have either an interest in the outcome of the proceeding or have

represented any party in the litigation.

(5) The Fee Committee or Master shall have authority to contact any

attorney whose fee application is under consideration and may conduct hearings as the

Fee Committee or Master may deem necessary.

(6) Every application for attorneys' fees in cases governed by this

paragraph (j) shall include, at a minimum, the information required by paragraphs (c), (d)

and (e) of this Local Rule and, in addition thereto, shall include the following:

(A) A narrative statement of the general contributions made by

the applicant's firm to the prosecution of the litigation;

(B) An identification of any committees, task forces or other

organizational groups formed in connection with the litigation upon which the applicant

served, and a description of the role played by the applicant in the work of that committee

or group; and

(C) Such supplemental information or data as shall be required by

any Fee Committee or Master appointed by the court to review such application.

(7) At the conclusion of its work, the Fee Committee or Master shall

submit a written report and recommendation to the court, setting forth, inter alia, the

following:

(A) A description of the procedures employed by the Fee

Committee or Master;

(B) A description of the standards adopted for reviewing

applications for attorneys' fees, and for calculating recommended awards;

(C) A description of the pertinent factors involved in the litigation

which were considered by the Fee Committee or Master in reviewing applications and

arriving at recommendations to the court; and

(D) Specific recommendations as to the amount of fees to be

awarded to each application.

(8) Unless otherwise ordered by the court, the recommendations of the

Fee Committee or Master shall be recited in the notice provided to the class members

advising of the court's preliminary approval of any proposed settlement, the date

scheduled for any hearing on the award of attorneys' fees, costs and expenses, and the

right of the class membership to participate in any such hearing.

(9) Following the hearing, the court shall enter its order adopting,

modifying or rejecting, in whole or in part, the recommendation of the Fee Committee or

the Master.