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16-16663 - Manuel De Jesus Ortega Melendr, et al v. Paul Penzone, et al


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16-16663 - Manuel De Jesus Ortega Melendr, et al v. Paul Penzone, et al
January 4, 2018
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Filed Order for PUBLICATION (J. CLIFFORD WALLACE, SUSAN P. GRABER and MARSHA S. BERZON)Plaintiffs obtained an injunction against Defendant in an action under 42 U.S.C. § 1983. Melendres v. Arpaio, 784 F.3d 1254, 1267 (9th Cir. 2015). Sheridan, a now-retired employee of Defendant, appealed from the district court’s finding that he committed civil contempt by disobeying the injunction. After Sheridan filed his opening brief, we granted Plaintiffs’ motion to dismiss Sheridan’s appeal for lack of standing. Plaintiffs now seek attorney’s fees under 42 U.S.C. § 1988(b) for services performed in connection with the appeal. We grant the award in part.(SEE ORDER FOR FULL TEXT) We refer this matter to the Appellate Commissioner to calculate the amount of reasonable attorney’s fees and nontaxable costs to award Plaintiffs consistent with this order. Any such award is subject to reconsideration by this panel. See Ninth Cir. R. 39-1.9. REFERRED TO THE APPELLATE COMMISSIONER [10712322]