Planned Parenthood v. Atty. Gen. of State of N.J.
| Decision Date | 11 July 2002 |
| Docket Number | No. 01-2581.,01-2581. |
| Citation | 297 F.3d 253 |
| Parties | PLANNED PARENTHOOD OF CENTRAL NEW JERSEY; Herbert Holmes, M.D.; David Wallace, M.D.; Gerson Weiss, M.D., on Behalf of Themselves and Their Patients v. <SMALL><SUP>*</SUP></SMALL>THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY; New Jersey Board of Medical Examiners; The Commissioner of the New Jersey Department of Health and Senior Services <SMALL><SUP>**</SUP></SMALL>New Jersey Legislature, by and through, Donald T. DiFrancesco, in his capacity as President of the New Jersey Senate and as the Representative of the New Jersey Senate; Jack Collins, in his official capacity as Speaker of the New Jersey General Assembly and as the Representative of the New Jersey General Assembly (Intervenor in D.C.), Appellants |
| Court | U.S. Court of Appeals — Third Circuit |
Richard F. Collier, Jr. (Argued), David J. Treibman, Collier, Jacob & Mills, Somerset, NJ, Counsel for Appellants.
Leon Friedman (Argued), Dara Klassel, Planned Parenthood Federation of America, New York, NY, Talcott Camp, Louise Melling, Reproductive Freedom Project, American Civil Liberties Union Foundation, New York, NY, Ed Barocas, American Civil Liberties Union of New Jersey Foundation, Newark, NJ, Counsel for Appellees.
Before: BECKER, Chief Judge, ALITO and RENDELL, Circuit Judges.
This action was instituted by Planned Parenthood of Central New Jersey, Herbert Holmes, M.D., David Wallace, M.D., and Gerson Weiss, M.D. (the "plaintiffs") against, inter alia, the New Jersey Legislature, challenging the constitutionality of and seeking a permanent injunction against the enforcement of the New Jersey Partial-Birth Abortion Ban Act of 1997 (the "Act"), ch. 262., 1997 N.J. Sess. Law Serv. 871-71 (West), codified at N.J. Stat. Ann. § 2A:65A-5 to 7. The plaintiffs prevailed, and the District Court awarded them $522,992.84 in attorneys' fees pursuant to 42 U.S.C. § 1988. The Legislature appeals the fee award, raising objections as to the amount of the award and the procedures followed in making it. The appeal also presents two questions of first impression for us: (1) whether a local rule that extends the time for filing a fee application beyond that prescribed in Fed.R.Civ.P. 54(d) is valid as a standing order within a proviso of that rule; and (2) whether the New Jersey Legislature is immune from liability for attorneys' fees, given that it was solely responsible for the defense of the legislation at issue.
We answer the first question in the affirmative, concluding that District of New Jersey Local Rule 52(a) is an "order of the court" for purposes of an exception in Fed. R.Civ.P. 54(d), thereby extending the time to file a fee application. Since the plaintiffs filed their fee application within the time prescribed in the local rule, we affirm the District Court's order granting the plaintiffs' requested extension of the time to file their fee petition without motion or notice, as is allowed under Fed.R.Civ.P. 6(b)(1).
We answer the second question in the negative. We conclude that, while legislatures enjoy immunity for promulgating statutes, it makes little sense to provide them with this immunity when they step out of that role, as the New Jersey Legislature did here when it intervened to defend the constitutionality of the Act. We therefore hold that when a legislature steps out of its role and intervenes to defend a piece of (its) legislation, which the executive branch is not willing to defend, it becomes the functional equivalent of a defendant in the case and may be liable for attorneys' fees.
With respect to the defendants' other contentions, we affirm in part and vacate in part, remanding for development of the record and further factual findings, including the clarification of the District Court's award of 25.5 hours of moot court time in preparation for oral argument, which does not seem justified by the present record. We reverse outright the District Court's award of fees for "observing" this Court during oral argument, concluding that there can be no recovery of attorneys' fees for such activity.
On December 15, 1997, the plaintiffs filed a complaint challenging the constitutionality of the Act under 42 U.S.C. §§ 1983 and 1988, seeking declaratory and injunctive relief, and naming the Attorney General, in his official capacity, the New Jersey Board of Medical Examiners, and the Commissioner of the Department of Health and Senior Services as defendants. The Act had been passed by the Legislature in June 1997. After the then-Governor, Christine Todd Whitman, vetoed it on the ground that it was unconstitutional, the Legislature overrode the veto, giving the Act immediate effect. The named defendants declined to defend the Act, but put the plaintiffs On December 16, 1997, one day after the complaint was filed, the Legislature alerted the District Court of its intention to intervene "to vigorously defend the constitutionality of the Act." The District Court issued a temporary restraining order enjoining enforcement of the Act, granted the Legislature's formal motion to intervene, and, with the parties' consent, extended the temporary restraining order until final resolution of the case.
After a four-day trial, the District Court entered a final judgment in favor of the plaintiffs and, on December 8, 1998, permanently enjoined the defendants from enforcing any provision of the Act. On December 17, 1998, the Legislature announced its intent to appeal. On December 24, 1998, more than 14 days after the judgment, which is the time period prescribed for the filing of a fee petition under Fed.R.Civ.P. 54(d)(2)(B), the plaintiffs moved for an extension of time to file their fee application. Based on its own local rule, which provided a 30-day deadline with the possibility of an extension, the District Court entered an order extending the time to file for attorneys' fees until 30 days after the conclusion of all appeals in the case. On January 5, 1999, the Legislature moved to vacate the extension of time and to strike the plaintiffs' fee application as untimely. The District Court denied this motion.
This Court affirmed on the merits and entered its judgment on July 26, 2000. See Planned Parenthood v. Farmer, 220 F.3d 127 (3d Cir.2000). On August 1, 2000, the plaintiffs asked the District Court to clarify its December 24, 1998 order, which allowed them to file their fee application within "thirty days after the latest of: (1) the expiration of Defendants-Intervenor Appellant's time to file a petition for certiorari to the United States Supreme Court; (2) the denial of a petition for certiorari by the United States Supreme Court; or (3) the granting of a petition for certiorari and disposition of this case by the United States Supreme Court." By letter dated August 15, 2000 the District Court stated that the plaintiffs "have correctly understood the deadline."
On November 21, 2000, the plaintiffs filed their fee application in the District Court. The Legislature filed opposition papers, arguing that it was immune from liability for fees and that the fee application was both untimely and excessive. The District Court heard oral argument, and rejected the Legislature's arguments with respect to both immunity and untimeliness. The District Court found that the plaintiffs were prevailing parties under § 1983, filed an opinion and order rejecting the Legislature's objections, and granted the plaintiffs the requested $522,992.84 in attorneys' fees for the District Court trial, the appeal to this Court, and work performed on the fee application. The Legislature filed a timely Notice of Appeal, challenging the District Court's order extending the time for the plaintiffs to file their fee application; its determination that the New Jersey Legislature was not immune for liability for fees and costs; and the award of fees. We have jurisdiction over the appeal pursuant to 28 U.S.C. § 1291.
The threshold issue, which is purely a question of law, is whether the plaintiffs' initial request for an extension of time on their fee application was timely. A decision to grant an extension of time pursuant to Fed.R.Civ.P. 6(b) is reviewed for abuse of discretion. Dominic v. Hess Oil V.I. Corp., 841 F.2d 513, 516 (3d Cir. 1988). The legal interpretation of a procedural rule is reviewed de novo. Elcock v. Kmart Corp., 233 F.3d 734, 745 (3d Cir. 2000).
Fed.R.Civ.P. 54(d), which governs the awarding of attorneys' fees, states:
Unless otherwise provided by statute or an order of the court, the motion must be filed and served no later than 14 days after entry of judgment; must specify the judgment and the statute, rule, or other grounds entitling the moving party to the award; and must state the amount or provide a fair estimate of the amount sought.
(emphasis added). The plaintiffs filed their request for an extension of time on December 24, 1998, more than 14 days after the judgment was entered on December 8, 1998. The District Court held that the motion was not time-barred, and granted the extension, relying on District of New Jersey Local Rule 54.2(a), which provides:
In all actions in which a counsel fee is allowed ..., an attorney seeking compensation for services or reimbursement of necessary expenses shall file with the Court an affidavit within 30 days of the entry of judgment or order, unless extended by the Court....
The Federal Rule, on its face, applies "[u]nless otherwise provided by ... [an] order of the court." Fed.R.Civ.P. 54(d).
According to the District Court, Local Rule 54.2(a) constituted an "order of the court" and thereby extended the time under Rule 54(d)(2)(B).1 The Legislature...
To continue reading
Request your trial
-
Personhuballah v. Alcorn
...of the Zipes decision. The Third Circuit considered a question very similar to the case at bar in Planned Parenthood of Central New Jersey v. Attorney General , 297 F.3d 253 (3d Cir. 2002). There, the court held intervenor-defendants liable for fees where the state-official defendants dec......
-
Ca Public Employees' Retirement System v. Chubb
...11 of the 1933 Act that sound in fraud is a question of law subject to plenary review. See Planned Parenthood of Cent. N.J. v. Attorney General of N.J., 297 F.3d 253, 259 (3d Cir.2002). We affirm the District First, an examination of the factual allegations that support Plaintiffs' section ......
-
United Auto. Workers Local 259 v. Metro Auto
...first consider whether the Fund's request for fees was timely. We review the legal interpretation of procedural rules de novo. Planned Parenthood, 297 F.3d at 259. Rule 54 of the Federal Rules of Civil Procedure provides that motions for attorneys' fees must be filed no later than fourteen ......
-
Borrell v. Bloomsburg Univ.
...is also entitled to reimbursement for the time spent litigating its fee application." Planned Parenthood of Cent. New Jersey v. Attorney Gen. of State of New Jersey , 297 F.3d 253, 268 (3d Cir.2002) (citation omitted). Dr. Ficca concedes that the time spent on a fee petition is compensable,......