Castleberry, et al v. Goldome Credit Corp., et al

Filing 326

ORDER denying as moot 271 Motion for Attorney Fees . Signed by Judge Charles S. Coody on 10/14/2005. (cc, )

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Castleberry, et al v. Goldome Credit Corp., et al Doc. 326 Case 2:96-cv-01798-CSC Document 326 Filed 10/14/2005 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O RT H E R N DIVISION W IL L IA M CASTLEBERRY, et al., P l a i n t iff s , v. G O L D O M E CREDIT CORP., et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 96-S-1798-N (W O ) ORDER O n October 5, 2005, the Eleventh Circuit Court of Appeals issued its mandate, d e c is io n reversing the judgment of this court and remanding this matter for further p ro c e e d in g s in accordance with its opinion. See Castleberry v. Goldome, No. 03-12484 (11 th C ir. Aug. 8, 2005). Pursuant to 28 U.S.C. 636(c)(1) and M.D. Ala. LR 73.1, the parties h a v e consented to the United States Magistrate Judge conducting all proceedings in this case a n d ordering the entry of final judgment. Also pending before the court is the Daiwa d e f e n d a n ts ' motion for attorney's fees (doc. # 271). On October 12, 2005, the Daiwa d e f e n d a n ts filed a response to this court's show cause order agreeing that judgment should b e entered in favor of Goldome Credit Corporation and against Daiwa Finance Corporation an d that their motion for attorney's fees is due to be denied as moot. (Doc. # 325). The court w ill enter a separate final judgment. Accordingly, it is O R D E R E D that the defendants' motion for attorney's fees (doc. # 271) be and is Dockets.Justia.com Case 2:96-cv-01798-CSC Document 326 Filed 10/14/2005 Page 2 of 2 h e re b y DENIED as moot. Done this 14th day of October, 2005. /s/Charles S. Coody CHARLES S. COODY C H IE F UNITED STATES MAGISTRATE JUDGE 2

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