Metropolitan Life Insurance Company v. Parker et al

Filing 45

Order directing the Plaintiff to Show Cause by 10/27/2011 for its failure to comply with the Court's order to pay funds into the registry of the Court. Plaintiff's request for costs and attorney's fees (Doc. 40), construed as a motion, is denied. The plaintiff will be awarded no attorney's fees or costs in connection with this action. Signed by Chief Judge William H. Steele on 10/20/2011. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
METROPOLITAN LIFE INSURANCE )
COMPANY,
)
)
Plaintiff,
)
)
v.
) CIVIL ACTION 11-0098-WS-B
)
SHARANDA PARKER, et al.,
)
)
Defendants.
)
ORDER
By order entered September 27, 2011, the Court granted the plaintiff’s motion to
pay funds into court and ordered the plaintiff to deposit into the registry of the Court the
$51,000 plan benefits, plus accrued interest to the date of deposit. (Doc. 44 at 2). The
plaintiff has yet to do so. Accordingly, the plaintiff is ordered to show cause, on or
before October 27, 2011, for its failure to comply with the Court’s order.
Also on September 27, the Court ordered the plaintiff to file and serve, on or
before October 10, any supplemental response in support of its unsupported request for
costs and attorney’s fees. (Doc. 44 at 1-2). The plaintiff declined to do so. Accordingly,
and for the reasons set forth in In re: Mandalay Shores Cooperative Housing
Association, Inc., 21 F.3d 380 (11th Cir. 1994), the plaintiff’s request for costs and
attorney’s fees, (Doc. 40 at 2, 4), construed as a motion, is denied. The plaintiff will be
awarded no attorney’s fees or costs in connection with this action.
DONE and ORDERED this 20th day of October, 2011.

s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE