Spirit Lake Tribe v. Jaeger, No. 20-2142 (8th Cir. 2021)Annotate this Case
After the parties resolved a dispute involving a challenge by Native American residents of North Dakota to portions of the States elections statutes with a consent decree, the district court granted plaintiffs' motions for attorney's fees.
The Eighth Circuit affirmed, concluding that, although plaintiffs' motion was untimely under Federal Rule of Civil Procedure 54, plaintiffs' failure to meet the filing deadline was the result of excusable neglect. In this case, there is no evidence that plaintiffs acted in bad faith; there are defensible reasons for their delay; and the Secretary could have factored the uncertainty in the law into his decision whether to appeal the injunction.