Webb v. US Foodservice Inc

Filing 45

ORDER denying 38 Motion for Attorney Fees; finding as moot 43 Motion to Strike. Signed by Judge William R. Wilson, Jr on 3/31/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DARREN WEBB v. U.S. FOOD SERVICE ORDER Pending is Plaintiff's Motion for Attorneys Fees and Costs (Doc. No. 38). Defendant has responded.1 Also pending is Defendant's Motion to Strike or in the Alternative Defendant's Motion Opposing Plaintiff's Notice of Filing Exhibits Seeking Attorney's Fees and Costs (Doc. No. 43). A March 9, 2009, Order denied both Plaintiff's and Defendant's motions for summary judgment, and remanded the case to Defendant and the claims administrator.2 Because Plaintiff's motion for summary judgment was denied, and there was no ruling that I consider made Plaintiff a prevailing party,3 Plaintiff's Motion (Doc. No. 38) is DENIED without prejudice. Defendant's Motion to Strike (Doc. No. 43) is DENIED as moot. IT IS SO ORDERED this 31st day of March, 2009. 4:08CV00191-WRW DEFENDANT PLAINTIFF

/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

1

Doc. No. 41. Doc. No. 37.

2

Starr v. Metro Sys., Inc., 461 F.3d 1036, 1040-41 (8th Cir. 2006) (citing Martin v. Arkansas Blue Cross & Blue Shield, 299 F.3d 966, 972 (8th Cir. 2002).

3