Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:05-cv-00127-GMS

Document 77-2

Filed 10/10/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MARIANNE DUFFY, by her parents and legal guardians, SEAN and ELISE DUFFY, Plaintiff, v. VINCENT MECONI, Secretary, Delaware Department of Health & Social Services, in his official capacity, et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ORDER

No. 05-CV-127-GMS

AND NOW, this _______ day of ______________________, 2007, upon consideration of Plaintiff's Motion for Attorney's Fees and Costs, and defendants' response thereto, it is hereby ORDERED as follows: 1. The Court has determined that any award of attorney's fees in this action must be

reduced to $ _____________ because (a) plaintiff's request for compensation for the substantive involvement of four attorneys on nearly every major filing in the case is excessive and unreasonable and (b) plaintiff's request for compensation for 37 hours of attorney time in preparing the Motion for Attorney's Fees is excessive and unreasonable. 2. If defendants prevail on their appeal from this Court's September 11, 2007 decision

on the parties' cross-motions for summary judgment, and plaintiff is no longer "the prevailing

Case 1:05-cv-00127-GMS

Document 77-2

Filed 10/10/2007

Page 2 of 2

party" in this litigation, any award of attorney's fees shall thereupon be vacated and become void. BY THE COURT:

_____________________________ Gregory M. Sleet, U.S.D.J.

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