No. 00-16137

259 F.3d 1097 (2001)

Mark J. Bennett; Charles S. Frumin; Bobbie Carinio; Mark R. pengler; Jerry Beck; Let the People Decide; Citizens for a Constitutional Convention, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. Dwayne D. Yoshina, hief of Elections Officer of the State of Hawaii; Mazie K. Hirono, Lieutenant Governor of the State of Hawaii, in their individual capacities; Elections, Office of; Benjamin J. Cayetano, Governor of the State of Hawaii, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 14, 2001

Resubmitted August 1, 2001

Filed August 7, 2001

Attorney(s) appearing for the Case

Mark J. Bennett, McCorriston, Miho, Miller & Mukai, Honolulu, Hawaii, for the Plaintiffs-Appellants.

Steven S. Michaels, New York, New York, for plaintiff-appellant Mark J. Bennett.

Dorothy D. Sellers, Office of the Attorney General, Honolulu, Hawaii, for the Defendants-Appellees.

Before: Betty B. Fletcher, William C. Canby, Jr., and Richard A. Paez, Circuit Judges.

B. FLETCHER, Circuit Judge:

In Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, 531 U.S. 1004, 121 S.Ct. 1835, 149 L.Ed.2d 855 (May 29, 2001), the Supreme Court announced that a party is not entitled to attorney's fees intended by statute for a "prevailing party" if it obtained the relief it sought only as a catalyst, in other words if it "achieve[d] the desired result because the lawsuit brought about a voluntary...

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