Unpublished Disposition, 904 F.2d 710 (9th Cir. 1990)

MEMORANDUM^** 

The district court had jurisdiction over this 42 U.S.C. § 1983 action pursuant to 28 U.S.C. § 1343, and the authority to award attorneys' fees under 42 U.S.C. § 1988. We have jurisdiction pursuant to 28 U.S.C. § 1291.

It is an abuse of discretion for the district court to issue an order awarding attorneys' fees without considering the factors listed in Kerr v. Screen Extras Guild, Inc., 526 F.2d 67 (9th Cir. 1975), cert. denied, 425 U.S. 951 (1976). See Patton v. County of Kings, 857 F.2d 1379, 1382 (9th Cir. 1988); Moore v. Jas. H. Matthews & Co., 682 F.2d 830, 838 (9th Cir. 1982). The district court expressly chose not to consider the Kerr factors in arriving at the $12,500 attorneys' fee award in this case.

We do not find that the Fed. R. Civ. P. 68 offer or any agreement between the parties relieved the district court of its obligation to determine the attorneys' fee under the standards and authorities that would otherwise apply. The $12,500 award is therefore vacated and the case remanded to Judge John C. Coughenour of the United States District Court for the Western District of Washington for specific findings regarding its calculation of attorneys' fee.

VACATED AND REMANDED.