context: Although plaintiffs state in their Notice of Motion that they seek "attorney's fees" no reference to attorney's fees is made in their itemized list of expenditures. They list only costs for mailing, Federal Express, messenger service, transcripts, copies of exhibits and a deposition. Costs under Rule 68 generally do not include attorneys fees.
citation_a.signal: but see
citation_a.identifier: 583 F.Supp. 1147, 1157
citation_a.parenthetical: In appropriate cases costs may be deemed to include prevailing party's attorneys fees in a civil rights action for purposes of Rule 68.
citation_a.sentence: Y.1985); Coleman v. McLaren, 92 F.R.D. 754, 757 (N.D.Ill.1981); but see Lyons v. Cunningham, 583 F.Supp. 1147, 1157 (S.D.N.Y.1983) (In appropriate cases costs may be deemed to include prevailing party’s attorneys fees in a civil rights action for purposes of Rule 68.)
citation_b.signal: see
citation_b.identifier: 715 F.2d 1088, 1095
citation_b.parenthetical: attorneys fees included in costs only where authorized by substantive statute at issue in the litigation
citation_b.sentence: See Fulps v. Springfield, 715 F.2d 1088, 1095 (6th Cir.1983) (attorneys fees included in costs only where authorized by substantive statute at issue in the litigation); Quintel Corp. N. V. v. Citibank N.A., 606 F.Supp. 898, 915-16 (S.D.N.