The Freedom of Information Act (FOIA) includes a fee-shifting provision to incentivize private individuals to bring FOIA compliance actions. An award of fees is not automatic, rather, a FOIA plaintiff must have been successful in the action and must also be entitled to fees.
Following the favorable judgment obtained on September 26, 2006, we promptly stipulated for an extension of the fourteen day window with which to file our motion. The brief window is defined by N.D.C.A. local rules. We compiled all the records of our time and promptly contacted the Assistant US Attorney to negotiate a settlement in the hopes of avoiding further litigation. Unfortunately, these negotiations were largely unsuccessful, leaving us no alternative but to draft and file a motion.
