It was never reported, but Don Kilmer lost his bid to recoup his costs. He then filed for certiorari for prevailing party status. Here is the docket, currently at SCOTUS:
Quote:
No. 12-275
Title:
Russell Nordyke, et al., Petitioners
v.
Mary V. King, et al.
Docketed: September 4, 2012
Lower Ct: United States Court of Appeals for the Ninth Circuit
Case Nos.: (07-15763)
Decision Date: June 1, 2012
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Aug 30 2012 Petition for a writ of certiorari filed. (Response due October 4, 2012)
Sep 12 2012 Waiver of right of respondents Mary V. King, et al. to respond filed.
Sep 26 2012 DISTRIBUTED for Conference of October 12, 2012.
Oct 10 2012 Response Requested . (Due November 9, 2012)
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The Nordykes are contesting the "prevailing party" decision. At stake is over ten years of fees for attorney Donald Kilmer.