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BERGER v. CITY OF SEATTLE

No. 05-35752.

580 F.3d 941 (2009)

Michael James BERGER, a single man also known as Magic Mike, Plaintiff-Appellee, v. CITY OF SEATTLE; Virginia Anderson, Director of Seattle Center; Michael B. Anderson, Emergency Service Manager for Seattle Center; Ten Unknown Employees/Officers, of the Seattle Center and the City of Seattle, all in both their individual and official capacities, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

September 2, 2009.

Attorney(s) appearing for the Case

Robert Corn-Revere, Esquire, Davis Wright Tremaine LLP, Washington, DC, John R. Scannell, Esquire, Action Employment Law, Elena Luisa Garella, Esquire, Seattle, WA, Plaintiff-Appellee.

Gary Keese, Carlton W. Seu, Esquire, Seattle City Attorney's Office, Seattle, WA, for Defendants-Appellants.

Before ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, STEPHEN REINHARDT, MICHAEL DALY HAWKINS, KIM McLANE WARDLAW, RONALD M. GOULD, RICHARD A. PAEZ, MARSHA S. BERZON, RICHARD C. TALLMAN, MILAN D. SMITH, JR. and N. RANDY SMITH, Circuit Judges.

ORDER

Appellee Michael Berger is awarded attorneys' fees on appeal.

Contrary to the respondents' suggestion, the fee request was timely. A request for attorneys' fees must be filed no later than fourteen days after the expiration of the period within which a petition for rehearing might have been filed. See 9th Cir. R. 39-1.6. Although the applicable procedural rules, national and local, do not expressly provide for the filing of a petition for full...

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