Shulman v. Baycare Medical Group, Inc., 8:17-cv-1480-T-27SPF. (2019)
Court: District Court, M.D. Florida
Number: infdco20190308625
Visitors: 5
Filed: Feb. 28, 2019
Latest Update: Feb. 28, 2019
Summary: ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is Defendant's Motion for Attorney's Fees and Costs (Dkt. 91), to which Plaintiff has responded (Dkt. 95). In its motion, Defendant requests an award of $85,650,95 in fees and costs "wasted on this litigation" that could not be used in any subsequent litigation (Dkt. 91, p. 1). 1 However, and as Defendant notes in its motion (Id. at p. 3 n.1), the request for wasted fees and costs was filed prior to Plaintiff refiling her stat
Summary: ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is Defendant's Motion for Attorney's Fees and Costs (Dkt. 91), to which Plaintiff has responded (Dkt. 95). In its motion, Defendant requests an award of $85,650,95 in fees and costs "wasted on this litigation" that could not be used in any subsequent litigation (Dkt. 91, p. 1). 1 However, and as Defendant notes in its motion (Id. at p. 3 n.1), the request for wasted fees and costs was filed prior to Plaintiff refiling her state..
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ORDER
JAMES D. WHITTEMORE, District Judge.
BEFORE THE COURT is Defendant's Motion for Attorney's Fees and Costs (Dkt. 91), to which Plaintiff has responded (Dkt. 95). In its motion, Defendant requests an award of $85,650,95 in fees and costs "wasted on this litigation" that could not be used in any subsequent litigation (Dkt. 91, p. 1).1 However, and as Defendant notes in its motion (Id. at p. 3 n.1), the request for wasted fees and costs was filed prior to Plaintiff refiling her state court action. As such, Defendant's arguments regarding which fees and costs were wasted are speculative at best.2
Accordingly, Defendant's motion is DENIED as premature.
DONE AND ORDERED.
FootNotes
1. In October 2018, the Magistrate Judge issued a Report and Recommendation (Dkt. 75), recommending that Plaintiff's Motion to Dismiss (Dkt. 45) be granted and that jurisdiction be retained to determine which costs and fees incurred by the Defendant have been wasted. The Report and Recommendation was adopted, confirmed and approved. (Dkt. 80). And the case was dismissed on the "condition that Plaintiff reimburse Defendant for costs and fees incurred which have been wasted." (Id. at p. 3).
2. "[T]he fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates." Hensley v. Eckerhart, 461 U.S. 424, 437 (1983). And for Defendant's "request that the Court permit the filing of . . . records under seal" (Dkt. 91, p. 8 n.3), that request is denied. Defendant shall comply with the Federal Rules of Civil Procedure and the Local Rules.
Source: Leagle
