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- ilnd;;1:10-cv-06289_de92 RegisterActionDate "2011-12-16" @default.
- ilnd;;1:10-cv-06289_de92 RegisterActionDescriptionText "MINUTE entry before Honorable Sharon Johnson Coleman:Status hearing held on 12/16/11. Plaintiff DAB3F66 motion for interim attorney's fees 81 is denied for the reasons stated herein. The Employee Polygraph Protection Act, 29 U.S.C.§2002, provides a fee shifting provision that allows the court discretion to award reasonable costs, including attorney's fees to the prevailing party. To be considered a prevailing party, one must have "prevailed on the merits of at least some of his claims." Hanrahan v. Hampton, 446 U.S. 754, 758 (1980). Here, plaintiff claims to be the prevailing party because summary judgment was granted in her favor on the issue of violation of the EPPA. While she prevailed on her partial motion for summary judgment, no damages have been shown or calculated on the issue of the polygraph. Although plaintiff has obtained a favorable ruling on that one issue on summary judgment, at this stage of the litigation the lack of evidence of damages based on the violation of the EPPA and the remaining claims where liability is yet to be decided indicate that it is too early for plaintiff to be considered a "prevailing party." Plaintiff's counsel argues that any risk that plaintiff will not ultimately prevail is negated by plaintiff's counsel offering to be personally liable for restitution. Nevertheless, one of the Court's goals when considering fee petitions is to prevent the attorney's fee petition from developing into a second major litigation. Blum v. Stenson, 465 U.S. 886, 902 (1984). Accordingly, this Court in its discretion declines to award plaintiff attorney's fees at this time.Mailed notice (keg, ) (Entered: 12/20/2011)" @default.
- ilnd;;1:10-cv-06289_de92 AdministrativeID "93" @default.
- ilnd;;1:10-cv-06289_de92 OntologyLabel minute_entry @default.
- ilnd;;1:10-cv-06289_de92 hasReferenceToOtherEntry ilnd;;1:10-cv-06289_de81 @default.