G&K Services Company v. Bill's Super Foods Inc

Filing 230

ORDER denying without prejudice 229 Defendant's Motion for Reconsideration; and directing Defendant, if it has case law that states the ADTPA trumps the prevailing party rule, to provide it by 5:00 p.m., 8/8/2013. Signed by Magistrate Judge Joe J. Volpe on 8/1/2013. (srw)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
G&K SERVICES CO. , INC.
v.

PLAINTIFF
3:08CV00048-JJV

BILL'S SUPER FOODS, INC.

DEFENDANT
ORDER

Defendant’s Motion for Reconsideration (Doc. No. 229) is DENIED without prejudice.
I recognize that the Arkansas Deceptive Trade Practices Act allows for reasonable attorney’s
fees. Defendant argues that the ADTPA trumps the rule that there can be only one prevailing party,
and only the prevailing party is entitled to attorney’s fees. However, it provided no authority to
support this proposition.
If Defendant has case law that specifically states that the ADTPA trumps the prevailing party
rule, Defendant must provide it by 5:00 p.m., Thursday, August 8, 2013.
IT IS SO ORDERED this 1st day of August, 2013.

_______________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE