costs, defendants' response, and plaintiffs' reply, and the entire record herein, this court will award plaintiffs $ 1,744,578.41 in attorney's fees and litigation costs.
I. MOTION TO RECONSIDER
Plaintiffs ask this court to reconsider its refusal to allow expenses for defendants' witnesses and its refusal to allow compensation for the trial time of three of plaintiffs' lawyers. Each of these two decisions is reconsidered in turn.
A. Defendants' Witnesses' Costs
Plaintiffs request reconsideration of this court's refusal to tax the expenses of defendants' witnesses that plaintiffs incurred. (Mem. Op. at 24.) Plaintiffs did not explain in their original pleadings why they were paying the costs of defendants' witnesses' in the first place. Nor did plaintiffs submit statements of defendants' witnesses' expenses or the number of days the witnesses attended proceedings in this case. Without this information, this court could not award plaintiffs the expenses they sought.
In their motion for reconsideration, plaintiffs have corrected these failings. They have explained that they paid the expenses of defendants' witnesses as part of a cost-saving agreement to bring witnesses to counsel, rather than vice-versa, for depositions. Defendants agreed to produce four witnesses for plaintiffs' depositions in Washington, D.C., and plaintiffs agreed to pay their travel costs and a per diem fee for each witness. (Pls.' Mot. for Recons. at P 1.) Plaintiffs have submitted a copy of an August 17, 1992, letter from plaintiffs' counsel to defendants' counsel requesting defendants' witnesses' fees and expenses as follows (Pis.' Mot. for Recons., Ex. A):
Witness Transportation Expenses Per Diem Boot n2
Ruocco $ 280.00 $ 40.00 $ 110.00
Bussert $ 280.00 $ 40.00 $ 110.00
Sullivan $ 261.00 $ 40.00 $ 110.00
Young $ 343.00 $ 40.00 $ 110.00
Total: $ 1,164.00 $ 160.00 $ 440.00
© 1992-2004 VersusLaw Inc.