Gibbs v. Georgia Pacific

Filing 55

ORDER granting 49 Motion for Attorney Fees. Defendant to tender to plaintiff attorney's fees in the requested amount of $3030.00 within 30 days as set out. Signed by Magistrate Judge William E. Cassady on 2/26/09. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SUE GIBBS, Plaintiff, vs. GEORGIA-PACIFIC, Defendant. ORDER This cause is before the Court on plaintiff's motion for payment of attorney's fees (Doc. 49) and defendant's response (Doc. 51). Based upon a review of these pleadings, and pursuant to 28 U.S.C. 636(b)(1)(A) and Local Rule 72.2(a), the undersigned GRANTS plaintiff's motion (Doc. 49) and ORDERS the defendant to tender to plaintiff attorney's fees in the requested amount of $3,030.00 within thirty (30) days of the date of this order. Nothing about entry of this order is viewed by this Court, nor should it be viewed by counsel for plaintiff, as a concession on the defendant's part about the reasonableness or appropriateness of the rates set forth in the affidavits of counsel for plaintiff (compare Doc. 51 with Doc. 49, Affidavits of Mary E. Pilcher & Rocco Calamusa, Jr.). In other words, in the event plaintiff prevails : : : : CA 08-0196-KD-C following a trial of this matter and seeks attorney's fees as the prevailing party, the defendant may challenge the reasonableness and appropriateness of any of the hourly rates requested as well as the reasonableness of the number of hours for which reimbursement is sought. DONE and ORDERED this the 26th day of February, 2009. s/WILLIAM E. CASSADY UNITED STATES MAGISTRATE JUDGE 2

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