Shahid Buttar for Congress Committee v. Hearst Communications, Inc.

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SHAHID BUTTAR FOR CONGRESS Case No. 21-cv-05566-EMC COMMITTEE, et al., 8 Plaintiffs, ORDER MODIFYING AWARD OF 9 ATTORNEY’S FEES v. 10 HEARST COMMUNICATIONS, INC., 11 Defendant. 12 13 Following the Court’s order granting the motion for attorney’s fees in favor of Defendant 14 Hearst Communications, Inc. (“Hearst”), Plaintiffs Shahid Buttar and Shahid Buttar for Congress 15 Committee (“SBCC”) filed a supplemental declaration with his tax returns. Because Mr. Buttar 16 has shown and declared under penalty of perjury that he faces dire financial circumstances, the 17 Court gives weight to the equitable considerations and trims off a significant percentage of the 18 attorney’s fees and costs, Miller v. Los Angeles Cnty. Bd. of Educ., 827 F.2d 617, 622 (9th Cir. 19 1987) (considering financial resources), though the Court declines to eliminate the fees award 20 entirely, id. at 621 (“However, a district court should not refuse to award attorney's fees to a 21 prevailing defendant under 42 U.S.C. § 1988 or 42 U.S.C. § 2000e–5(k) solely on the ground of 22 the plaintiff's financial situation.”). 23 The Court thus reduces the original award of $87,893.55 to $5,000 to be paid within 24 24 months of the date of this order. 25 IT IS SO ORDERED. 26 Dated: May 16, 2023 27 ______________________________________