Norman v. Elkin et al

Filing 290

MEMORANDUM ORDER denying re 288 Emergency MOTION filed by Jeffrey M. Norman, denying without prejudice re 286 MOTION for Attorney Fees filed by David W. Elkin. Signed by Judge Leonard P. Stark on 4/12/2016. (rpg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JEFFREY M. NORMAN,
Plaintiff,
C.A. No. 06-005-LPS

V.

DAVID W. ELKIN, et al.
Defendants,
and
US MOBILCOMM, INC.,
Nominal Defendant.

MEMORANDUM ORDER
Having reviewed Defendant David W. Elkin's ("Defendant") Motion for Attorney Fees
(D.I. 286) and opening brief in support thereof (D.I. 287) and Plaintiff Jeffrey M. Norman's
("Plaintiff') Emergency Motion (D.I. 288),
IT IS HEREBY ORDERED that (1) Plaintiffs Emergency Motion (D.I. 288) is
DENIED and (2) Defendant's Motion for Attorney Fees (D.I. 286) is DENIED WITHOUT
PREJUDICE to renew after any appeal is concluded or after the expiration of time for filing any
appeal.
IT IS FURTHER ORDERED that, pursuant to Federal Rule of Appellate Procedure
4(a)(5)(A), Plaintiffs deadline to file an appeal to the Court of Appeals for the Third Circuit is
hereby EXTENDED by seven (7) days to April 20, 2016. Plaintiff moved for "an extension of
time to file an appeal of the final judgment and other judgment/decisions rendered in this
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proceeding." (D.I. 288 at 1) Good cause for extension of the time to file an appeal is shown by
Plaintiffs uncertainty, given the Court's previous Oral Order (D.I. 284), regarding whether
Plaintiff would be permitted by the Court, pursuant to Federal Rule of Appellate Procedure
4(a)(4)(A)(iii), to extend the deadline for filing a notice of appeal in light of Defendant's filing of
his Motion for Attorney Fees under Federal Rule of Civil Procedure 54. The most efficient and
appropriate manner of proceeding in light of the lengthy history of this case is for the parties to
obtain appellate review, if desired, before the Court entertains any motion for attorney fees.

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April 12,2016
Wilmington, Delaware

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HON. LEONARD P. STARK
UNITED STATES DISTRICT JUDGE

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