Longas v. Botero Galleries, Incorporated et al

Filing 17

ORDER denying without prejudice 14 Motion for Attorney Fees. Signed by Magistrate Judge Jonathan Goodman on 3/26/2012. (eg)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO.: 1:11-cv-24634-GRAHAM/GOODMAN GLORIA LONGAS, Plaintiff, v. BOTERO GALLERIES, INC., et al., Defendants. _______________________________/ ORDER ON MOTION FOR ATTORNEY’S FEES This matter is before the Court on Plaintiff’s motion for attorney’s fees (DE 14), filed March 15, 2012. U.S. District Judge Donald L. Graham referred this matter to the Undersigned on March 21, 2012. No defendant has appeared in this case and on March 22, 2012, Judge Graham entered a judgment against all defendants “as to liability only.” (DE 16). A motion for attorney’s fees must be filed no later than 14 days after the entry of judgment. Fed. R. Civ. P. 54(d)(2)(B)(i). The Local Rules extend this period to 60 days. Local Rule S.D. Fla. 7.3(a). Plaintiff here filed her motion for attorney’s fees before Judge Graham entered his default final judgment. Moreover, as Plaintiff acknowledges in her motion, a prevailing plaintiff is one “who receives at least some relief on the merits of her claim.” (Doc. 14, at 2) (citing Buckhannon Bd. & Care Home v. West Virginia Dep’t of Health & Human Res., 532 U.S. 598, 603-04 (2001)). Here, Judge Graham did not enter a money judgment in favor of Plaintiff. Instead, Judge Graham required Plaintiff to submit additional documentation of her damages. Therefore, Plaintiff has not yet recovered anything and her motion is premature. Accordingly, Plaintiff’s motion for attorney’s fees is denied without prejudice. DONE and ORDERED in Chambers, at Miami, Florida, March 26, 2012. Copies furnished to: Hon. Donald L. Graham Counsel of Record 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?