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METROPOLITAN LIFE INSURANCE COMPANY v. KATZ, 6:13-cv-1236-Orl-37DAB. (2014)

Court: District Court, M.D. Florida Number: infdco20140805744 Visitors: 2
Filed: Aug. 04, 2014
Latest Update: Aug. 04, 2014
Summary: ORDER ROY B. DALTON, Jr., District Judge. This cause is before the Court on its own motion. On July 14, 2014, this Court granted Plaintiff's motion for summary judgment. (Doc. 83.) Though the motion requested attorney's fees, the Court found that the disposition of that request was premature on the instant record and gave Plaintiff leave to file a fully documented motion for attorney's fees on or before July 28, 2014. ( Id. at 6-7.) That deadline came and went a week ago with no motion. Ther
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ORDER

ROY B. DALTON, Jr., District Judge.

This cause is before the Court on its own motion.

On July 14, 2014, this Court granted Plaintiff's motion for summary judgment. (Doc. 83.) Though the motion requested attorney's fees, the Court found that the disposition of that request was premature on the instant record and gave Plaintiff leave to file a fully documented motion for attorney's fees on or before July 28, 2014. (Id. at 6-7.) That deadline came and went a week ago with no motion. Therefore, the Court DECLINES to award attorney's fees in this matter due to Plaintiff's failure to follow the Court's Order. See Gulf Oil Corp. v. Olivier, 412 F.2d 938, 946 (5th Cir. 1969) ("Though costs and attorneys' fees are ordinarily awarded to the disinterested stakeholder in an interpleader proceeding, the matter is ultimately vested within the sound discretion of the trial judge."); see also Fed. R. Civ. P. 54(d)(2)(B) (noting that a party typically has fourteen days after the entry of judgment to file a motion for attorney's fees, unless "a court order provides otherwise").

Furthermore, the Court's Order also directed Plaintiff to send a proposed form of judgment to the Chambers email address on or before July 28, 2014. (Doc. 83, pp. 6-7.) Plaintiff has failed to adhere to this deadline, as well. Plaintiff is therefore ORDERED to send a proposed form of judgment in accordance with the Court's prior Order (see id.) on or before Tuesday, August 5, 2014. Failure to comply may result in the imposition of sanctions.

IT IS SO ORDERED.

Source:  Leagle

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