The Lydia Schweer Family Trust v. Dingler et al
ORDER ATTACHED denying 14 Motion to Strike. Signed by Judge Richard A. Lazzara on 1/15/2010. (CCB)
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION THE LYDIA SCHWEER FAMILY TRUST, by and through trustee, ARLENE FUQUA, Plaintiff, v. ALFRED DINGLER, PRIME INSURANCE AGENCY, and THE HARTFORD INSURANCE COMPANY, Defendants. / ORDER
Upon due consideration, it is ordered and adjudged that Defendants' Motion to Strike Claim for Attorneys' Fees (Dkt. 14) is denied as unnecessary and premature. In the event Plaintiff obtains a judgment against Defendants, it will have to file a motion for attorneys' fees in which it will have to "specify the judgment and the statute, rule or other grounds entitling the movant to the award." Fed. R. Civ. P. 54(d)(2)(B)(ii)." If Plaintiff is unable to specify the basis entitling it to an award of fees, its request for such fees will be denied.
CASE NO: 8:09-cv-2451-T-26MAP
DONE AND ORDERED at Tampa, Florida, on January 15, 2010.
s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:
Counsel of Record
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