Auraria Student Housing at the Regency, LLC v. Campus Village Apartments, LLC

Filing 262

ORDER granting 261 Stipulated Motion to Stay of Time for Plaintiff Regency to File Rule 54(d)(1) Bill of Costs and Rule 54(d)(2) Motion for Statutory Award of Reasonable Attorneys' Fees Under 15 U.S.C. §15(a) . Plaintiff shall hav e until 14 days after the Court rules on Defendant's forthcoming post-trial motions within which to file its bill of costs and its motion for attorney's fees and related non-taxable expenses. By Judge William J. Martinez on 2/5/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 10-cv-2516-WJM-KLM
AURARIA STUDENT HOUSING AT THE
REGENCY, LLC,
Plaintiff,
v.
CAMPUS VILLAGE APARTMENTS, LLC,
Defendant.

ORDER GRANTING PARTIES STIPULATED MOTION FOR STAY

This matter is before the Court on the Parties Stipulated Motion f or Stay of Time
for Plaintiff to File Rule 54(d)(1) Bill of Costs and Rule 54(d)(2) Motion for Statutory
Award of Reasonable Attorneys’ Fees Under 15 U.S.C. § 15(a), filed February 5, 2015.
For the foregoing reasons the Court hereby grants the motion.
The Parties request that the Court stay, until 14 days after resolution of
Defendant’s planned post-trial Rule 50 and 59 m otions, the time set forth in Rule
54(d)(1) for taxing costs (upon 14 days notice) and the time set forth in Rule 54(d)(2) for
Plaintiff to move for attorneys’ fees and related non-taxable expenses (14 days after
entry of judgment). Subsections (1) and (2) of Rule 54(d) provide that a court may vary
such times by order. Fed.R.Civ.P. 54(d)(1), (2).
The requirement that a motion for attorney’s fees must be filed no later than 14
days after entry of judgment is tolled pending the outcome of post-trial motions under
Rule 50 or 59 because such motions suspend the finality of the Court’s Judgment.

Registry Sys. Int’l, Ltd. v. Hamm, 2012 WL 4476635, at *5 (D. Colo. Sept. 28, 2012)
(citing Weyant v. Okst, 198 F.3d 311, 315 (2d Cir. 1999)); accord Bailey v. Cnty. of
Riverside, 414 F.3d 1023, 1025 (9 th Cir. 2005); Miltmore Sales, Inc. v. Int’l Rectifier,
Inc., 412 F.3d 685, 689 (6 th Cir. 2005); Members First Fed. Credit Union v. Members
First Credit Union of Florida, 244 F.3d 806 (11 th Cir. 2001). But the rules allow
Defendant until 28 days after the entry of Judgment in which to file such post-trial
motions. Fed.R.Civ.P. 50(b), 59(b). The parties agree that Plaintiff will necessarily
incur additional costs and attorney’s fees in responding to those motions. It is in the
interest of judicial efficiency, therefore, to stay the time for Plaintiff to file its bill of costs
and its motion for statutory attorney’s fees and related non-taxable expenses until after
the post-trial motions are decided.
Accordingly, the Court hereby GRANTS the Parties’ stipulated motion. Plaintiff
shall have until 14 days after the Court rules on Defendant’s forthcoming post-trial
motions within which to file its bill of costs and its motion for attorney’s fees and related
non-taxable expenses.
Dated this 5th day of February, 2015.
BY THE COURT:

William J. Martínez
United States District Judge

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