Elawyers Elawyers
Washington| Change

PRACHT v. SAGA FREIGHT LOGISTICS, LLC, 3:13-CV-529-RJC-DCK. (2015)

Court: District Court, W.D. North Carolina Number: infdco20151124b76 Visitors: 10
Filed: Nov. 23, 2015
Latest Update: Nov. 23, 2015
Summary: ORDER ROBERT J. CONRAD, Jr. , District Judge . THIS MATTER comes before the Court on Plaintiff's Motion for Costs and Attorneys' Fees, (Doc. No. 126), and Intervenor Plaintiffs' Motion in Limine, Motion for Attorneys' Fees and Costs, and Joinder in Plaintiff's Motion in Limine and Motion for Attorneys' Fees and Costs, (Doc. No. 132). Federal Rule of Civil Procedure 16(f) indicates that "the court may issue any just orders . . . if a party or its attorney . . . fails to obey a scheduling
More

ORDER

THIS MATTER comes before the Court on Plaintiff's Motion for Costs and Attorneys' Fees, (Doc. No. 126), and Intervenor Plaintiffs' Motion in Limine, Motion for Attorneys' Fees and Costs, and Joinder in Plaintiff's Motion in Limine and Motion for Attorneys' Fees and Costs, (Doc. No. 132).

Federal Rule of Civil Procedure 16(f) indicates that "the court may issue any just orders . . . if a party or its attorney . . . fails to obey a scheduling or other pretrial order" and that "the court must order the party, its attorney, or both to pay the reasonable expenses—including attorney's fees—incurred because of any noncompliance with this rule, unless the noncompliance was substantially justified or other circumstances make an award of expenses unjust." The Court has great discretion in fashioning remedies for a party's failure to obey scheduling or pretrial orders, and the remedies listed in the Rules of Civil Procedure are neither mandatory nor exhaustive. Mallinckrodt, Inc. v. Masimo Corp., 254 F.Supp.2d 1140, 1156 (C.D. Cal. 2003); see also Briggs v. City of Norfolk, 42 F. App'x 585, 587 (4th Cir. 2002). In its discretion, the Court finds that an award of fees and expenses under the circumstances would not be appropriatet. Therefore, the motions for attorneys' fees and costs will be denied.

IT IS, THEREFORE, ORDERED that Plaintiff's Motion for Costs and Attorneys' Fees, (Doc. No. 126), is DENIED, and Intervenor Plaintiffs' Motion in Limine, Motion for Attorneys' Fees and Costs, and Joinder in Plaintiff's Motion in Limine and Motion for Attorneys' Fees and Costs, (Doc. No. 132), is DENIED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer