Williford v. Arlington Ridge Restaurant Management LLC

Filing 19

ORDER granting in part and denying in part 18 Motion for Attorney Fees. Defendant's motion (Doc. 18) is GRANTED to the limited extent that, if it becomes necessary due to the parties' inability to reach an agreement, Defendant shall be permitted an extension of time until October 20, 2017 within which to file an appropriate motion detailing those expenses, following which Plaintiff shall respond within 14 days. Signed by Magistrate Judge Philip R. Lammens on 9/22/2017. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CHRISTEN WILLIFORD,
Plaintiff,
v.

Case No: 5:16-cv-734-Oc-34PRL

ARLINGTON RIDGE RESTAURANT
MANAGEMENT LLC
Defendant.

ORDER
This case, brought under the Fair Labor Standards Act, 29 U.S C. § 209 et seq., was
removed to this Court pursuant to 28 U.S.C. §§ 1331 and 1441, and is now before the Court on
Defendant’s unopposed motion for entitlement to reasonable expenses, including attorney’s fees.
(Doc. 18).
Previously, Defendant moved to compel responses to its First Set of Interrogatories and
First Request for Production because Plaintiff had not provided any responses nor any
communication regarding the requested discovery. (Doc. 11). Further, Plaintiff failed to file a
response to Defendant’s motion to compel. Accordingly, the Court granted Defendant’s motion to
compel, directed Plaintiff to serve her responses to Defendant’s First Set of Interrogatories and
Defendant’s First Request for Production, and to produce all documents responsive to the
production request. (Doc. 14). The Court further noted that, “given Plaintiff’s failure to respond to
the discovery requests and failure to file any response to Defendant’s motion to compel, it appears
that Defendant is likely entitled to its reasonable expenses incurred in making the motion,

including attorney’s fees, as provided in Rule 37(a)(5).” Defendant was permitted 14 days within
which file an appropriate motion detailing those expenses. (Doc. 14).
Meanwhile, Defendant requested and received an extension of time to file its motion.
(Docs. 16 & 17). Defendant now represents that Plaintiff is not opposed to Defendant’s entitlement
to reasonable expenses, including attorney’s fees, and that the parties are communicating to reach
an agreement about the amount of reasonable expenses, including attorney’s fees. (Doc. 18).
Defendant requests that the Court enter an order entitling Defendant to its reasonable expenses,
including attorney’s fees. Defendant recites that the parties will continue to try to reach an
agreement about the amount of reasonable expenses, including attorney’s fees, but if they are
unable to agree, Defendant will file appropriate documentation.
Accordingly, upon due consideration, Defendant’s motion (Doc. 18) is GRANTED to the
limited extent that, if it becomes necessary due to the parties’ inability to reach an agreement,
Defendant shall be permitted an extension of time until October 20, 2017 within which to file an
appropriate motion detailing those expenses, following which Plaintiff shall respond within 14
days.
DONE and ORDERED in Ocala, Florida on September 22, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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