580 F.3d 941 (9th Cir. 2009), 05-35752, Berger v. City of Seattle

Docket Nº:05-35752.
Citation:580 F.3d 941
Party Name: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, De
Attorney: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.
Judge Panel: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.
Case Date:September 02, 2009
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 941

580 F.3d 941 (9th Cir. 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.

No. 05-35752.

United States Court of Appeals, Ninth Circuit.

September 2, 2009

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.

Western District of Washington, Seattle. D.C. No. CV-03-03238-JLR.

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 court rehearing en banc, they apply generally to the procedures governing rehearing en banc, with no exception for full court en banc. See 9th Cir. R. 35-3; Fed. R.App. P. 35, 40. Indeed, in every circuit but ours, every petition for rehearing en...

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