Centennial Bank v. Powell

Filing 130

ORDER partly granting and partly denying 122 Motion to reconsider. The Court modifies No. 118 and increases the reasonable fee awarded to Darvish to $19,353.50. The importance of the California law issues in the case does not mean that Darvish should do most of the work in the case. Signed by Judge D. P. Marshall Jr. on 7/30/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
CENTENNIAL BANK,
Guardian of the Estate of
Mary Moore Stiny

v.

PLAINTIFF

No. 3:17-cv-226-DPM
DEFENDANT

RENA WOOD
ORDER
1.

Wood's motion to reconsider, NQ 122, is partly granted and

partly denied.
2.

Rule 59 doesn't apply because the Court hasn't entered

Judgment. Until it does, the Court may reconsider any order, although
doing so is disfavored because judicial resources are limited and the
Court can't address every issue twice.

Here, reconsideration is

necessary. The Court jumped the gun. In March it authorized any
moving party to reply within sev en calendar days. NQ 77 at 2. But the
Court ruled on this fee motion before Wood's time to reply expired,
which was a mistake.
3.

In light of the parties' new and expanded arguments, the

Court modifies NQ 118 and increases the reasonable fee awarded to
Darvish to $19,353.50. The $4,000.00 trim covers some routine tasks that
could have, and should have, been done by Lilly. And it covers some

unnecessary work, such as the emergency motion to extend discovery.
The importance of the California law issues in the case does not mean
that Darvish should do most of the work in the case.
So Ordered.
D.P. Marshall Jr.
United States District Judge

3o ~ :i.018

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