Marilyn Motion for Attorney Fees

Patriot Attorney
Cheyenne, WY 82003

Patriot Attorney (Pro Hac Vice)
Arlington, VA 22209-2004

Attorneys for Plaintiff



IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF WYOMING


Marilyn Patriot,					)
					        	)
Plaintiff,		               			)
					        	)
v.			                		) 	Civil No. 2:08-CV-156-CAB
				        		)
UNITED STATES OF AMERICA,	   			)
						        )
Defendant.		                		)
____________________________________			)

PLAINTIFF’S MOTION FOR INTERIM AWARD OF ATTORNEY’S FEES

1. Plaintiff hereby files this motion for interim award of attorney’s fees pursuant to Local Civil Rule 54.3(g) which permits a party claiming to be entitled to an award of interim attorney’s fees to submit a motion in this regard.

2. Plaintiff’s attorney conferred with Defendant’s counsel Adair Boroughs via e-mail on Tuesday, October 14, 2008. Ms. Boroughs stated that she would oppose the motion because under 26 U.S.C. 7433(b) “costs of the action cannot be awarded until the United States is found liable.”

3. However, Plaintiff believes that – based on the Court’s local rules and the Equal Access to Justice Act amendments – attorney fee petitions are permissible before final judgment.

4. In addition, Plaintiff has already prevailed against the government by defeating a motion to dismiss her complaint in the U.S. District Court for the District of Columbia. Plaintiff has already prevailed on some merits of her claims in the initial stage leading to the transfer of the case from D.C. to Wyoming rather than total dismissal. Plaintiff has a substantial likelihood to prevail on the claims outlined in her amended complaint.

5. Plaintiff seeks an interim award of attorney fees for Patriot Attorney in the amount of $21,061.05.

6. Plaintiff also seeks $350 costs for the filing fee, $100 pro hac vice fee, and $875 for Westlaw fees.

7. Plaintiff’s attached Memorandum Brief provides further clarification and explanation for the fees and amounts requested.

8. Granting Plaintiff’s interim attorney fees would help alleviate existing costs of this litigation and offer a better opportunity to prepare for trial since Plaintiff herself cannot pay these expenses. Granting Plaintiff’s interim attorney fees would also be in line with congressional intent aimed at vindicating constitutional and statutory rights for individuals (such as Plaintiff) who could not otherwise afford to vindicate those rights.

WHEREFORE Plaintiff requests that this Honorable Court do grant the relief herein requested and other relief the Court deems appropriate.

Respectfully submitted,

_/s/ Patriot Attorney Date: October 16, 2008
Patriot Attorney

CERTIFICATE OF SERVICE

IT IS HEREBY CERTIFIED that a true and correct copy of the foregoing documents, along with the attached Proposed Order, have been served upon the following via the ECF electronic filing system on October 16th 2008:

KELLY H. RANKIN
United States Attorney

CAROL A. STATKUS
Assistant United States Attorney
2120 Capitol Avenue, Room 4002
Cheyenne, Wyoming 82001

ADAIR F. BOROUGHS
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, DC 20044

Attorneys for the United States

Respectfully submitted,

_/s/ Patriot Attorney
Patriot Attorney