Hiscox Dedicated Corporate Member, Ltd. v. Matrix Group Limited, Inc. et al

Filing 464

ORDER: Plaintiff's Emergency Motion to Extend Time to File Notice of Appeal Pending Disposition of Defendants' Motion for Attorneys' Fees and to Continue Stay of Execution or any Proceedings to Enforce the Judgment Under Present Bond 459 is GRANTED. Plaintiff has until 30 days from the date of the Court's decision on the pending Motion for Attorneys' fees to file its appeal in this case. Signed by Judge Virginia M. Hernandez Covington on 5/15/2012. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
HISCOX DEDICATED CORPORATE
MEMBER, LTD.,
Plaintiff,
v.

Case No.

8:09-cv-2465-T-33AEP

MATRIX GROUP LIMITED, INC. and
LOUIS ORLOFF,
Defendants.
______________________________/
ORDER
This cause comes before the Court pursuant to Plaintiff’s
Emergency Motion to Extend Time to File Notice of Appeal
Pending Disposition of Defendants’ Motion for Attorneys’ Fees
and to Continue Stay of Execution or any Proceedings to
Enforce the Judgment Under Present Bond (Doc. # 459), which
was filed on May 9, 2012.

Defendants filed their Response in

Opposition to the Motion (Doc. # 462) on May 11, 2012.

For

the reasons that follow, the Motion is granted.
I.

Background and Procedural History
On October 13, 2011, following an eleven-day trial, the

jury returned a verdict in favor of Defendants. (Doc. # 389).
After resolving various post-trial motions, the Court entered
its

Judgment

in

favor

of

$2,267,769.49. (Doc. # 421).

Defendants

in

the

amount

of

On January 25, 2012, Hiscox filed its Emergency Motion to
Stay Proceedings to Enforce Money Judgment Pending Disposition
of Post-Judgment Motions (Doc. # 423).

The Court stayed the

Judgment against Hiscox pending further order and required
Hiscox

to

post

a

supersedeas

bond

in

the

amount

of

$2,834,711.74. (Doc. # 429).
On January 26, 2012, Matrix and Mr. Orloff filed a Motion
to Alter Judgment to include interest (Doc. # 425) and filed
a Motion for Attorneys’ Fees (Doc. # 426).

The Court granted

Defendants’ Motion to Alter Judgment as an unopposed Motion
after Hiscox failed to file a response.

(Doc. # 437). The

Court entered its Amended Judgment in favor of Defendants in
the amount of $2,285,990.61 on February 28, 2012. (Doc. #
443).

The Court has yet to enter a ruling on Defendants’

pending Motion for Attorneys’ Fees because such Motion is not
yet ripe.

Pursuant to an extension of time, Plaintiff has

until and including May 21, 2012, to respond to the Motion for
Attorneys’ Fees. (Doc. # 432).
On April 25, 2012, the Court entered an Order (Doc. #
458) denying Hiscox’s Renewed Motions for Judgment as a Matter
of Law and New Trial (Doc. # 436, 452).

Hiscox has signaled

its intention to file a notice of appeal, and it must do so by
May 25, 2012.

Among other relief, Hiscox seeks an extension
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of time in which to appeal pending the Court’s ruling on
Defendants’ Motion for Attorneys’ Fees.
II.

Discussion
Pursuant to Rule 58(e) of the Federal Rules of Civil

procedure and Rule 4(a)(4) of the Federal Rules of Appellate
Procedure, Hiscox seeks an extension of time to file its
notice of appeal and to continue the stay of execution or any
proceedings

to

enforce

the

judgment

pending

the

disposition of the Motion for Attorneys’ Fees.
further

requests

an

Order

approving

the

Court’s

Plaintiff

$2,834,711.74

supersedeas bond that Plaintiff has already posted in the
Court’s Registry as sufficient security for the requested
stay. (Doc. # 434).
Rule 58(e) of the Federal Rules of Civil Procedure
provides:
Cost or Fee Awards.
Ordinarily, the entry of
judgment may not be delayed, nor the time for
appeal extended, in order to tax costs or award
fees. But if a timely motion for attorney’s fees
is made under Rule 54(d)(2), the court may act
before a notice of appeal has been filed and become
effective to order that the motion have the same
effect under Federal Rule of Appellate Procedure
4(a)(4) as a timely motion under Rule 59.
As a corollary to Rule 58(e) of the Federal Rules of
Civil

Procedure,

Rule

4(a)(4)

Appellate Procedure provides:
3

of

the

Federal

Rules

of

(4) Effect of a Motion on a Notice of Appeal.
(A) If a party timely files in the district
court any of the following motions under the
Federal Rules of Civil Procedure, the [30-day]
time to file an appeal runs for all parties
from the entry of the order disposing of the
last such pending motion:
(iii) for attorney’s fees under Rule 54
if the district court extends the time to
appeal under Rule 58.
Plaintiff

requests

that

this

Court

exercise

its

discretion pursuant to the aforementioned authorities to enter
an order extending Plaintiff’s time for taking an appeal until
30 days from the date that this Court resolves the pending
Motion for Attorneys’ fees.

Plaintiff’s request is supported

by the 1993 Advisory Committee Notes to Rule 58, Fed.R.Civ.P.,
which explain: “[I]n many cases it may be more efficient to
decide the fee question before an appeal is taken so that
appeals relating to the fee award can be heard at the same
time as appeals relating to the merits of the case.”
The Court agrees with Plaintiff’s argument that “the
simultaneous appeal [of the underlying judgment and the fee
award]

will

afford

judicial

efficiency

in

the

appellate

proceeding.” (Doc. # 459 at 4). In addition, in light of
Plaintiff’s financial wherewithal, this Court also determines
that the supersedeas bond previously posted by Plaintiff is
sufficient.

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While Defendants contend that granting the requested
extension will cause delay and significant hardship, the Court
disagrees and determines that granting the extension will
allow the appeal of the merits of the case and the appeal of
the fee award to be addressed simultaneously.

The Court’s

decision to grant the extension will prevent the piecemeal
adjudication of the appeal, promote the interests of judicial
economy, and conserve the resources of the parties.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1) Plaintiff’s Emergency Motion to Extend Time to File
Notice of Appeal Pending Disposition of Defendants’
Motion for Attorneys’ Fees and to Continue Stay of
Execution or any Proceedings to Enforce the Judgment
Under Present Bond (Doc. # 459) is GRANTED consistent
with the foregoing.
(2) Plaintiff has until 30 days from the date of the Court’s
decision on the pending Motion for Attorney’s fees to
file its appeal in this case.
DONE and ORDERED in Chambers, in Tampa, Florida, this
15th day of May, 2012.

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Copies: All Counsel of Record

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