Wednesday, September 19, 2012

Attorney's Fees: Delay in Discovery

A quick update on the attorney's fee demand from BCS.  As you'll recall BCS filed against the District for $1.3m in attorney's fees for their costs relates the the 2009-10 Appellate Court ruling.  (FYI, If you click on the label for "attorney fees" below, you'll see the various posts I've done on this topic.)

In any case... BCS has been resisting the District's discovery requests in this motion.  Judge Lucas asked that the sides "meet and confer", which is legalese for "go work it out."  LASD offered to reduce the discovery questions to a smaller subset, but BCS has dug their heels in and refused to provide any information.  LASD and BCS had a conference call with Judge Lucas this week, to discuss status of the discovery.  Based on that call, Judge Lucas has decided that she'll need to hear full motions on the issue, as the two sides remain far apart on the core issues.  A hearing has been set for Oct 30, 2012.  The actual hearing for fees will be pushed back from the current November schedule to a later date.

I'm disappointed that BCS filed for fees in the first place, particularly because LASD has never sought attorney's fees in any of the many cases in which we have prevailed.  However, given that BCS has chosen to do this, we will vigorously defend the District's resources.  Looks like we'll head back to court in October.