Apple Glen Investors, L.P. v. Express Scripts, Inc.
ORDER: Plaintiff Apple Glen Investors, L.P.'s Renewed Motion for Attorneys' Fees and Costs (Doc. # 106 ) is DENIED without prejudice and with leave to re-file no later than fourteen days after entry of a mandate by the Court of Appeals on the pending appeal. Signed by Judge Virginia M. Hernandez Covington on 10/7/2016. (KAK)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
APPLE GLEN INVESTORS,
Case No: 8:14-cv-1527-T-33EAJ
EXPRESS SCRIPTS, INC.,
This cause comes before the Court pursuant to Plaintiff
Apple Glen Investors, L.P.’s Renewed Motion for Attorneys’
Fees and Costs (Doc. # 106) seeking $803,516.50 in fees and
$15,315.03 in costs, which was filed on September 22, 2016.
For the reasons that follow, the Court denies the Motion
conclusion of the pending appeal.
As a general rule, the filing of a notice of appeal
divests a district court of jurisdiction with respect to any
matter involved in the appeal. In Green Leaf Nursery v. E.I.
DuPont de Nemours & Co., 341 F.3d 1292, 1309 (11th Cir.
2003), the Eleventh Circuit explained: “The filing of an
confers jurisdiction on the court of appeals and divests the
district court of its control over those aspects of the case
pendency of an appeal, the Court has discretion to deny a
motion for attorney’s fees without prejudice with leave to
re-file after the appeal has concluded. See Fed. R. Civ. P.
54(d) (governing the procedure for awarding attorney's fees
The Advisory Committee Notes to Rule 54(d)(2)
provide that “[i]f an appeal on the merits of the case is
taken, the court may rule on the claim for fees, may defer
its ruling on the motion, or may deny the motion without
Rather than resolving the Motion for attorney’s fees
appeal, the Court determines that the interests of justice
prejudice and with leave to re-file after the conclusion of
Immediate resolution of the collateral issues
raised after the filing of the Notice of Appeal is unlikely
to assist the Court of Appeals, and attorney’s fees and
costs are often resolved in appellate mediation.
v. Correct Craft, Inc., No. 6:05-cv-686-Orl-31-GKJ, 2008
U.S. Dist. LEXIS 32311, at *3 (M.D. Fla. Apr. 18, 2008).
Thus, the Court denies the Motion without prejudice and
with leave to re-file no later than fourteen days after
Scripts’ pending appeal.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED that
Plaintiff Apple Glen Investors, L.P.’s Renewed Motion
for Attorneys’ Fees and Costs (Doc. # 106) is DENIED without
prejudice and with leave to re-file no later than fourteen
days after entry of a mandate by the Court of Appeals on the
DONE and ORDERED in Chambers in Tampa, Florida on this
7th day of October, 2016.
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