McCarty v. United States

Fifth Amendment Taking; Rails-to-Trails Act; Attorney Fees; Discovery; Depositions of Opposing Counsel.

MEMORANDUM OPINION AND ORDER

WILLIAMS, Judge.

This matter comes before the Court in an unusual posture — on Defendant’s post-settle ment motion for leave to take depositions of opposing counsel, two attorneys and a paralegal from the law firm of Arent Pox, LLP, in conjunction with Plaintiffs’ motion for attorney fees and litigation expenses. 1 Defendant seeks this highly unusual discovery to establish that Plaintiffs’ fees should be based on a St. Louis, Missouri locality rate, rather than the…