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

Filing 586

ORDER staying resolution of Defendants' Renewed Motion For Determination of Entitlement To Attorney's Fees and Costs and Incorporated Memorandum of Law (Doc. 557), and Plaintiff and Third-Party Defendants' Joint Renewed Motion for Attorney's Fees and Expenses With Incorporated Memorandum Of Law In Support (Doc. 558). See ORDER for further details. Signed by Judge John E. Steele on 12/1/2022. (TLP)

Case 2:17-cv-00009-JES-NPM Document 586 Filed 12/01/22 Page 1 of 4 PageID 15443

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TB FOOD USA, LLC, a
Delaware Limited Liability
Company,
Plaintiff,
v.

CASE NO. 2:17-cv-9-FtM-29NPM

AMERICAN MARICULTURE, INC.,
a Florida Corporation,
AMERICAN PENAEID, INC., a
Florida Corporation, and
ROBIN PEARL,
Defendants.
AMERICAN MARICULTURE, INC.,
a Florida Corporation,
Third-Party Plaintiff,
v.
PB LEGACY, INC. a Texas
Corporation,
Third-Party Defendant.
ORDER
On August 8, 2022, Defendants filed a Renewed Motion For
Determination of Entitlement To Attorney’s Fees and Costs and
Incorporated Memorandum of Law (Doc. #557), and Plaintiff and
Third-Party Defendant filed a Joint Renewed Motion for Attorney’s
Fees and Expenses With Incorporated Memorandum Of Law In Support
(Doc. #558) on August 22, 2022, along with the parties’ Responses

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Case 2:17-cv-00009-JES-NPM Document 586 Filed 12/01/22 Page 2 of 4 PageID 15444

in Opposition. (Docs. ##563, 567.)

All parties claimed to be

prevailing parties who are entitled to an award of attorney fees
and costs.
On November 16, 2022, the Court issued an Order (Doc. #584)
requesting supplemental memoranda as to three matters: (1) whether
the Court should stay its resolution of the motions for attorney’s
fees and costs until after the Eleventh Circuit of Appeals sorts
out various claims of error asserted in the direct appeals being
taken by the parties; (2) the impact of Royal Palm Properties, LLC
v. Pink Palm Properties, LLC, 38 F.4th 1372 (11th Cir. 2022), which
held that in a mixed judgment situation there could be no more
than one prevailing party for purposes of costs, and there need
not be any prevailing party; and (3) whether the prevailing party
analysis in Royal Palm Properties, LLC is applicable to attorney’s
fees, not simply costs.

(Id., p. 2.)

Defendants American Mariculture, Inc., American Penaeid, Inc.
and Robin Pearl filed a Response To Order Of the Court on December
1, 2022. (Doc. #585.) Defendants state that all parties have
conferred and agree that the resolution of the pending appeal may
change the posture of the case with regard to which parties should
be considered prevailing parties, and would impact the Court’s
analysis

of

the

second

and

third

matters

it

raised

in

the

aforementioned Order, such that staying resolution of the motions
would be the most efficient utilization of judicial resources and
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Case 2:17-cv-00009-JES-NPM Document 586 Filed 12/01/22 Page 3 of 4 PageID 15445

would not be prejudicial to any party.

(Id., pp. 2-3.)

The

parties therefore request that the Court stay its resolution of
the motions for attorney’s fees and costs until completion of the
appellate process. (Id., p. 3.)
The Court will grant a stay of the resolution of the pending
motions for determination of entitlement to attorney’s fees and
costs until completion of the appellate process.
Accordingly, it is hereby
ORDERED:
1. Resolution of Defendants’ Renewed Motion For Determination of
Entitlement To Attorney’s Fees and Costs and Incorporated
Memorandum of Law (Doc. #557), and Plaintiff and Third-Party
Defendant’

Joint

Renewed

Motion

for

Attorney’s

Fees

and

Expenses With Incorporated Memorandum Of Law In Support (Doc.
#558) is stayed.
2. Upon completion of the appellate process, the parties are
directed to file supplemental memoranda as to the second and
third matters set forth in its Order (Doc. #584) with regard
to Royal Palm Properties, LLC v. Pink Palm Properties, LLC,
38 F.4th 1372 (11th Cir. 2022).

The parties shall file

supplemental memoranda with this Court within TWENTY-ONE (21)
DAYS of issuance of a mandate.

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Case 2:17-cv-00009-JES-NPM Document 586 Filed 12/01/22 Page 4 of 4 PageID 15446

DONE AND ORDERED at Fort Myers, Florida, this
December, 2022.

Copies:
Counsel of record

4

1st

day of