Dist. Ct. erred in denying plaintiff’s request for attorney’s fees and costs as prevailing party in Endangered Species Act (Act), arising out of defendants’ mistreatment of endangered and threatened animals at their zoo. Plaintiff was prevailing party pursuant to Dist. Ct.’s entry of default judgment against defendants and entry of permanent injunction that prohibited defendants from possessing or exhibiting animals. Moreover, Dist. Ct. could not deny request for attorney’s fees based on belief that: (1) there were questions as to plaintiff’s standing to bring instant action; (2) plaintiff did not contribute substantially to outcome of case where defendant closed zoo because of illness of one of its owners; (3) plaintiff’s case did not advance goal of Act; and (4) plaintiff was not dependent upon fee awards. As such, plaintiff was entitled to determination of fee award based on “lodestar” method that requires Dist. Ct. to calculate number of reasonable hours worked in case multiplied by reasonable hourly rate. Also, Dist. Ct. could not deny plaintiff’s request for costs, which are presumptively awarded under Rule 54(d). (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Attorney’s Fees