Flury v. CSC Credit Services et al

Filing 30

ORDER - Because a response to the memorandum is allowed under LRCiv 54.2(b)(3), IT IS ORDERED GRANTING plaintiff's motion to file a supplemental response (doc. 29). Any response shall be filed no later than December 28, 2011. Signed by Judge Frederick J Martone on 12/20/11.(LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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CSC Credit Services; Dealer Services)
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Corporation,
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Defendants.
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Van E. Flury,

No. CV-11-1166-PHX-FJM
ORDER

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We have before us plaintiff’s motion to file a supplemental response to defendant’s

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motion for attorney’s fees (doc. 29). After plaintiff voluntarily dismissed both defendants,

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we denied plaintiff’s motion to amend the complaint and ordered the clerk to enter final

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judgment (doc. 24). Defendant Dealer Services Corporation then filed a motion for

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attorney’s fees (doc. 26). Pursuant to LRCiv 54.2, a party must file a motion for an award

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of attorney’s fees within 14 days of judgment. LRCiv 54.2(b)(1). The party’s memorandum

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in support of the motion is due within 60 days of judgment. LRCiv 54.2(b)(2). The

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opposing party’s response to the motion is due 15 days after the memorandum is filed.

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LRCiv 54.2(b)(3).

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Here, however, plaintiff filed his response to the motion before the memorandum was

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filed. Plaintiff now seeks leave to file a supplemental brief in order to respond to the

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memorandum.

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Because a response to the memorandum is allowed under LRCiv 54.2(b)(3), IT IS

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ORDERED GRANTING plaintiff’s motion to file a supplemental response (doc. 29).

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Any response shall be filed no later than December 28, 2011.

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DATED this 20th day of December, 2011.

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