Turner v. Allstate Insurance Company

Filing 519

ORDER: On 12/13/2022, this court entered an order denying Plaintiffs' motions to vacate final judgment and to conduct discovery. (Doc. 517 .) On 1/12/2023, Plaintiffs filed a notice of appeal to the Eleventh Circuit Court of Appeal. (Doc. [5 18].) Defendant Allstate Insurance Company currently has two pending motions: a Motion for Judgment on Bonds and a Motion for Taxable Costs. (Docs. 474 , 475 .) Accordingly, guided by considerations of judicial economy, it is ORDERED that the Defen dant's motions are DENIED without prejudice. The Defendant is granted leave to refile its motions pending the outcome of all appeals no later than fourteen (14) days after the final mandate from all appeals is isseu Signed by Honorable Judge R. Austin Huffaker, Jr on 1/17/2023. Furnished Appeals Clerk.(dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
GARNET TURNER, et al., individually, )
and on behalf of all others similarly
)
situated,
)
)
Plaintiffs,
)
)
v.
) CASE NO. 2:13-cv-685-RAH-KFP
)
[WO]
ALLSTATE INSURANCE COMPANY, )
)
Defendant.
)
)
)
JOHN E. KLAAS, et al., individually, )
and on behalf of all others similarly
)
situated,
)
)
Plaintiffs,
)
)
v.
) CASE NO. 2:15-cv-406-RAH-KFP
)
ALLSTATE INSURANCE COMPANY )
)
Defendant.
)
ORDER
On December 13, 2022, this Court entered an order denying Plaintiffs’
motions to vacate final judgment and to conduct discovery. (Doc. 517.) On January
12, 2023, Plaintiffs filed a notice of appeal to the Eleventh Circuit Court of Appeals.
(Doc. 518.) Defendant Allstate Insurance Company currently has two pending

motions: a Motion for Judgment on Bonds and a Motion for Taxable Costs. (Docs.
474, 475.) The Fed. R. Civ. P. 54(d) Advisory Committee Note to the 1993
Amendment states, “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.” Accordingly, guided by considerations of judicial
economy, it is
ORDERED that the Defendant’s motions are DENIED without prejudice.
The Defendant is granted leave to refile its motions pending the outcome of all
appeals no later than fourteen (14) days after the final mandate from all appeals is
issued.
DONE, on this the 17th day of January, 2023.
/s/ R. Austin Huffaker, Jr.
R. AUSTIN HUFFAKER, JR.
UNITED STATES DISTRICT JUDGE