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

Filing 525

ORDER denying without prejudice 511 and 513 motions for attorney's fees and costs. The parties may file any Local Rule 7.01(b) motions 21 days after all pending post-trial motions (Docs. 483, 484, 485, 486, 487, 488) are resolved by the court. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/31/2022. (GSK) Modified for clarity on 1/31/2022 (GSK).

Case 2:17-cv-00009-JES-NPM Document 525 Filed 01/31/22 Page 1 of 2 PageID 14560

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 is a motion for attorney’s fees and costs (Doc. 511) filed by
American Mariculture, Inc., American Penaeid, Inc., and Robin Pearl, and a renewed
motion for attorney’s fees and expenses (Doc. 513) filed by TB Food USA, LLC,
Ken Gervais, Randal Aungst, and PB Legacy, Inc. But the former fails to comply

Case 2:17-cv-00009-JES-NPM Document 525 Filed 01/31/22 Page 2 of 2 PageID 14561

with Local Rule 3.01(g),1 and the latter fails to comply with Local Rule 7.01(a) as
well as the court’s order dated January 4, 2022. Moreover, the parties have filed
several post-trial motions (Docs. 483, 484, 485, 486, 487, 488) that may alter the
prevailing-party and fee-entitlement analysis.
Accordingly, both motions for attorney’s fees and costs (Docs. 511, 513) are
DENIED WITHOUT PREJUDICE. The parties may file any Local Rule 7.01(b)
motions 21 days after all pending post-trial motions (Docs. 483, 484, 485, 486, 487,
488) are resolved by this court.2
ORDERED in Fort Myers, Florida, on January 31, 2022.

1

The court tends to strictly enforce its motion-related conference requirements to foster
communication between the parties, narrow or resolve issues without court involvement, and
ensure that disputes are neither under- nor overstated when first presented to the court for
resolution.
2

Unless otherwise provided in a subsequent order, any motion(s) for reconsideration will not toll
the 21-day deadline.
2