Primo Broodstock, Inc. v. American Mariculture, Inc. et al

Filing 493

ORDER. Plaintiff's motion for attorney's fees and costs ([Doc. 478]) is DENIED WITHOUT PREJUDICE, and Defendants' motion for an extension of time to respond to the fee motion ([Doc. 482]) is DENIED AS MOOT. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/4/2022. (GSK)

Case 2:17-cv-00009-JES-NPM Document 493 Filed 01/04/22 Page 1 of 2 PageID 13223

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TB FOOD USA, LLC,
Plaintiff,
v.

Case No. 2:17-cv-9-JES-NPM

AMERICAN PENAEID, INC., and
ROBIN PEARL,
and

Defendants,

AMERICAN MARICULTURE, INC.,

v.

Defendant/
Counterclaimant

PB LEGACY, INC.,
Counterclaim
Defendant.
ORDER
Before the Court are Plaintiff TB Food USA, LLC’s motion for attorney’s
fees and costs and Defendants’ motion for an extension of time to respond (Docs.
478, 482). But a judgment has yet to be entered. As such, TB Food’s motion is
premature. FED. R. CIV. P. 54(d)(2)(B)(i). Moreover, the motion fails to follow the
bifurcated procedure for seeking attorney’s fees and nontaxable expenses as detailed

Case 2:17-cv-00009-JES-NPM Document 493 Filed 01/04/22 Page 2 of 2 PageID 13224

in the Court’s local rules. See M.D. Fla. R. 7.01 (“A party claiming post-judgment
attorney’s fees and related non-taxable expenses must obtain an order determining
entitlement before providing a supplemental motion on amount.”) (emphasis added).
Finally, the motion improperly seeks taxable costs without first presenting them to
the Clerk. FED. R. CIV. P. 54(d)(1). Accordingly, Plaintiff’s motion for attorney’s
fees and costs (Doc. 478) is DENIED WITHOUT PREJUDICE, and Defendants’
motion for an extension of time to respond to the fee motion (Doc. 482) is DENIED
AS MOOT.
Requests for taxable costs must be made by filing a Bill of Costs (form AO
133) within a reasonable time after the judgment. The parties are directed to confer
before filing a Bill of Costs. Parties are also encouraged to mutually resolve any
objections to a filed Bill of Costs by filing an amended Bill of Costs and/or Notice
of No Objection within 14 days.
ORDERED in Fort Myers, Florida on January 4, 2022.

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