Sweet Sage Cafe, LLC v. Town of North Redington Beach, Florida

Filing 33

ORDER: Defendant's Motion to Stay Administration of Plaintiff's Motion for Attorneys' Fees and Costs 32 is granted. The Court defers ruling on Plaintiff's Motion for Attorneys' Fees and Costs 28 until fourteen (14) d ays after the Eleventh Circuit issues a final decision on the pending appeal. The Clerk is directed to terminate Plaintiff's Motion for Attorneys' Fees and Costs 28 from pending status. If the Eleventh Circuit affirms this Court, Defen dant shall file its response to Plaintiff's Motion for Attorneys' Fees and Costs 28 within fourteen (14) days of the mandate. The Court will then reinstate Plaintiff's Motion to pending status at that time. Signed by Judge James S. Moody, Jr. on 2/27/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

SWEET SAGE CAFÉ, LLC,
Plaintiff,
v.

CASE NO: 8:15-CV-2576-T-30JSS

TOWN OF NORTH REDINGTON
BEACH, FLORIDA,
Defendant.
____________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Motion for Attorneys’ Fees
and Costs (Dkt. 28) and Defendant’s Motion to Stay Administration of Plaintiff’s Motion for
Attorneys’ Fees and Costs (Dkt. 32). The Court, upon review of the motions, and being
otherwise advised in the premises, concludes that a stay is appropriate pending Defendant’s
appeal to the Eleventh Circuit Court of Appeals. Accordingly, the Court will grant
Defendant’s motion.
On January 27, 2017, the Court granted Plaintiff’s motion for summary judgment,
concluding that Defendant’s sign ordinance that prohibited the display of non-commercial
and commercial outdoor signs without a permit, but exempted more than 17 categories of
signs, was facially unconstitutional under the First Amendment (Dkt. 26). Final judgment
was entered in Plaintiff’s favor that same day (Dkt. 27).

On February 10, 2017, Plaintiff filed a motion seeking prevailing party attorneys’ fees
and taxable costs (Dkt. 28). On February 17, 2017, Defendant filed a notice of appeal (Dkt.
30). On February 24, 2017, Defendant also filed a motion to stay any ruling with respect to
Plaintiff’s entitlement to attorneys’ fees and costs (Dkt. 32).
The Court concludes that a stay is appropriate under the circumstances. Even thought
the Court’s decision was based on the recent United States Supreme Court opinion in Reed
v. Town of Gilbert, Ariz., 135 S. Ct. 2218, 2226 (2015) and the Eleventh Circuit opinion in
Solantic, LLC v. City of Neptune Beach, 410 F.3d 1250 (2005) (applying the same test
articulated in Reed to a city sign code), the Court concludes that a stay is the most efficient
approach until the pending appeal is concluded.
It is therefore ORDERED AND ADJUDGED that:
1.

Defendant’s Motion to Stay Administration of Plaintiff’s Motion for
Attorneys’ Fees and Costs (Dkt. 32) is granted.

2.

The Court defers ruling on Plaintiff’s Motion for Attorneys’ Fees and Costs
(Dkt. 28) until fourteen (14) days after the Eleventh Circuit issues a final
decision on the pending appeal.

3.

The Clerk is directed to terminate Plaintiff’s Motion for Attorneys’ Fees and
Costs (Dkt. 28) from pending status.

4.

If the Eleventh Circuit affirms this Court, Defendant shall file its response to
Plaintiff’s Motion for Attorneys’ Fees and Costs (Dkt. 28) within fourteen (14)

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days of the mandate. The Court will then reinstate Plaintiff’s Motion to
pending status at that time.
DONE and ORDERED in Tampa, Florida on February 27, 2017.

Copies furnished to:
Counsel/Parties of Record

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