Swedish Hosp. Corp, 1 F.3d at 1272. With that principle in mind, the Court will use the seven Lorazepam II factors to determine where within that range the fee award in this case should fall.Lorazepam II, 2003 WL 22037741 at *7; see also Fresh Kist Produce, L.L.C. v. Choi Corp., Inc., 362 F. Supp. 2d 118, 128 (D.D.C. 2005). 1. The Size of the Fund Created and the Number of Persons Benefitted
The district court, however, held that "there is no language even arguably extending the 14-day deadline for filing a motion for attorneys' fees." Malone relies on Fresh Kist Produce, L.L.C. v. Choi Corp., 362 F.Supp.2d 118, 124-25 (D.D.C.2005), where a magistrate judge held that where the district judge's order creates a specific procedure for recovering attorneys' fees and costs and sets no specific date for requesting fees, the order preempts the 14-day time limit. The district court, distinguished Fresh Kist because its order did not create a specific procedure for fee requests.
“PACA provides for the establishment of trust funds to protect sellers of perishable agricultural commodities [z.e., produce] from defaulting buyers.” Fresh Kist Produce, L.L.C, v. Choi Corp., 362 F.Supp.2d 118, 120 (D.D.C. 2005). Should a buyer of produce default on payment obligations either by going bankrupt or becoming insolvent
Parties in the United States ordinarily bear their own attorney fees regardless of the outcome of the litigation. Fresh Kist Produce, L.L. C. v. Choi Corp., Inc., 362 F.Supp.2d 118, 125 (D.D.C.2005). There are exceptions, however, to this so-called “American Rule.”
At the outset, the Court notes that parties in the United States ordinarily bear their own attorneys' fees regardless of the outcome of the litigation. Fresh Kist Produce, L.L.C.v. Choi Corp., 362 F.Supp.2d 118, 125 (D.D.C.2005) (citing Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep't of Health & Human Res., 532 U.S. 598, 602–03, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001), superseded in part by statute, Open Government Act of 2007, Pub.L. No. 110–175, 121 Stat. 2524 (codified at 5 U.S.C. § 552(a)(4)(E) (2009))). There are exceptions, however, to this so-called “American Rule.”
Turning to the first principles of attorney fee awards, parties in the United States ordinarily bear their own attorney fees regardless of the outcome of the litigation. Fresh Kist Produce, LLC v. Choi Corp., 362 F.Supp.2d 118, 125 (D.D.C.2005) (citing Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep't of Health & Human Res., 532 U.S. 598, 602–03, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001), superseded in part by statute, Open Government Act of 2007, Pub.L. No. 110–175, 121 Stat. 2524 (codified at 5 U.S.C. § 552(a)(4)(E) (2009) )). There are exceptions, however, to this so-called “American Rule.”
Ordinarily, the American Rule applies to claims for attorney fees. Fresh Kist Produce L.L.C. v. Choi Corp. Inc., 362 F.Supp.2d 118, 125 (D.D.C.2005). Under this Rule, each party bears its own attorney fees, absent an explicit statutory basis for awarding fees, id., or absent a contractual basis for awarding fees.
A. Attorneys' Fees and Costs The American Rule applies regarding attorneys' fees. Fresh Kist ProduceL.L.C. v. Choi Corp. Inc., 362 F. Supp. 2d 118, 125 (D.D.C. 2005). Under this Rule, each party bears his own attorneys' fees, absent an explicit statutory basis for awarding fees, id., or absent a contractual basis for awarding fees. McGuire v. Russell Miller, Inc., 1 F.3d 1306, 1312-13 (2d Cir. 1993).