Filed: Mar. 21, 2014
Latest Update: Mar. 21, 2014
Summary: ORDER 1 SHERIPOLSTER CHAPPELL, District Judge. This matter comes before the Court on Defendants City of Fort Myers and Chief Douglas Baker's Motion for Attorneys' Fees and Costs ( Doc. #105 ) filed on February 14, 2014, and Plaintiffs' Opposition to Defendants' Motion ( Doc. #108 ) filed on March 3, 2014. In their Motion, Defendants seek to recover attorneys' fees and costs in the amount of $99,273.00 for Plaintiffs' alleged frivolous and unreasonable claims. ( Doc. #105 ). On January 29, 20
Summary: ORDER 1 SHERIPOLSTER CHAPPELL, District Judge. This matter comes before the Court on Defendants City of Fort Myers and Chief Douglas Baker's Motion for Attorneys' Fees and Costs ( Doc. #105 ) filed on February 14, 2014, and Plaintiffs' Opposition to Defendants' Motion ( Doc. #108 ) filed on March 3, 2014. In their Motion, Defendants seek to recover attorneys' fees and costs in the amount of $99,273.00 for Plaintiffs' alleged frivolous and unreasonable claims. ( Doc. #105 ). On January 29, 201..
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ORDER1
SHERIPOLSTER CHAPPELL, District Judge.
This matter comes before the Court on Defendants City of Fort Myers and Chief Douglas Baker's Motion for Attorneys' Fees and Costs (Doc. #105) filed on February 14, 2014, and Plaintiffs' Opposition to Defendants' Motion (Doc. #108) filed on March 3, 2014. In their Motion, Defendants seek to recover attorneys' fees and costs in the amount of $99,273.00 for Plaintiffs' alleged frivolous and unreasonable claims. (Doc. #105). On January 29, 2014, the Court granted summary judgment in favor of Defendants City of Fort Myers and Chief Douglas Baker (Doc. #102) and entered Judgment (Doc. #103) two days later.2 Plaintiffs thereafter filed a Notice of Appeal (Doc. #106) on February 27, 2014.
"As a general rule, the filing of a notice of appeal divests a district court of jurisdiction with respect to any matter involved in the appeal." Southern-Owners Ins. Co. v. Wall 2 Wall Construc., LLC, 8:12-cv-1922, 2013 U.S. Dist. LEXIS 182021, at *2 (M.D. Fl. Dec. 31, 2013). Although this jurisdictional limit does not prohibit the current motion, district courts have discretion to deny a motion for attorneys' fees without prejudice and with leave to refile after the appeal has concluded. See Fed. R. Civ. P. 54(d)(2)(i) ("Unless a statute or a court order provides otherwise, the motion must: (i) be filed no later than 14 days after the entry of judgment; . . ."). Further, "[t]he Advisory Committee Notes to Rule 54(d)(2) provide that:
`If an appeal on the merits of the case is taken, the court may rule on the claim for fees, may defer its ruling on the motion, or may deny the motion without prejudice, directing under subdivision (d)(2)(B) a new period for filing after the appeal has been resolved.''
Larson v. Correct Craft. Inc., No. 6:05-cv-686, 2008 U.S. Dist. LEXIS 32311, at *3 (M.D.Fla. Apr. 18, 2008) (citing Advisory Committee Notes to the 1993 amendment to Rule 54(d)(2)).
Here, because Plaintiffs' appeal is pending before the Eleventh Circuit Court of Appeals (Doc. #106), the Court will deny Defendants' Motion for Attorneys' Fees and Costs (Doc. #105) without prejudice. See Southern-Owners, 2013 U.S. Dist. LEXIS 182021, at *3 (denying the defendant's motion for attorneys' fees because, in part, "[i]mmediate resolution of the collateral issues of attorneys' fees and costs [would] unlikely. . . assist the Court of Appeals"); Larson, 2008 U.S. Dist. LEXIS 32311, at *3 (finding no good cause to grant the defendant's motion for attorneys' fees pending the plaintiff's appeal where the court would likely have to reconsider attorneys' fees after the appeal and when fee issues are often resolved in appellate mediation).
Accordingly, it is now ORDERED:
(1) Defendants City of Fort Myers and Chief Douglas Baker's Motion for Attorneys' Fees and Costs (Doc. #105) is DENIED without prejudice.
(2) Defendants City of Fort Myers and Chief Douglas Baker have leave to file a Motion for Attorneys' Fees and Costs, if appropriate, within fourteen (14) days of the date that the Eleventh Circuit Court of Appeals issues its Mandate on Plaintiff's pending appeal.
DONE and ORDERED.
