Flannigan, et al v. Arkansas Game & Fish, et al
LETTER ORDER, re 83 MOTION for Attorney Fees filed by Mike Hook, Cindy Flannigan, Karen Hook, Robert Flannigan, Jr., Plaintiff is directed to file a reply addressing all of the relevant issues raised in Defendant's response by 5 p.m., Monday, 12/15/08. If necessary, Defendants may file a short sur-reply by 5 p.m., Friday, 12/19/08. Signed by Judge William R. Wilson, Jr on 12/3/08. (jct)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE 500 W. CAPITOL, ROOM D444 LITTLE ROCK, ARKANSAS 72201-3325 (501) 604-5140 Facsimile (501) 604-5149
December 3, 2008 Mr. Arlon L. Woodruff Woodruff Law Firm, P.A. Post Office Box 500 Lake City, AR 72437-0500 Mr. Chris A. Averitt Mr. Jay Scholtens Scholtens & Averitt PLC 113 East Jackson Avenue Jonesboro, AR 72401 Re: Dear Counsel: Because the Eighth Circuit Court of Appeals issued an opinion in this case on December 1, 2008, Plaintiff's Motion for Attorneys' Fees is now ripe. I have, again, reviewed Plaintiff's motion and Defendant Clyde Eason's response.1 Defendant's response raises several interesting points regarding Plaintiff's motion -- e.g., waiver for failure to timely file the motion, Arkansas law limiting attorney's fees in grantee-covenantee cases, fees from state court case, missing affidavit, and Rule 68 Offer of Judgment. Defendant also takes the position that if the Court determines that Plaintiffs are entitled to fees, it would be only as to the breach of warranty deed issue. Plaintiff is directed to file a reply addressing all (not just the ones listed above) of the relevant issues raised in Defendant's response by 5 p.m., Monday, December 15, 2008. If necessary, Defendants may file a short sur-reply by 5 p.m., Friday, December 19, 2008. Cordially, /s/ Wm. R. Wilson, Jr. Original to the Clerk of the Court cc: Other Counsel of Record Flannigan, et al v. Ark. Game & Fish, et al., 3:02-CV-00404-WRW Motion for Attorneys' Fees and Costs (Doc. No. 83)
Doc. Nos. 83, 85.
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