Lawson v. Wells et al

Filing 24

ORDER finding as moot 18 Motion for Partial Summary Judgment and dismissing Plaintiff's claims for attorney fees and expenses of litigation. Ordered by Judge Hugh Lawson on 5/26/2010. (nbp)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA M ACON DIVISION M E LIS S A LAWSON, P l a i n t i f f, v. JAM E S WELLS, ADMIRAL M E RCHANTS MOTOR FREIGHT, FIRS T GUARD INSURANCE COMPANY, AND LINCOLN GENERAL INSURANCE COM P ANY , D e fe n d a n ts . ___________________________________ : : : : : : : : : : : : :

Civil Action No. 5:09-CV-155(HL)

OR D E R This is m o t o r vehicle accident case. In her complaint, Plaintiff contends that s he is entitled to recover her attorney's fees and expenses of litigation. On February 12, 2010, Defendants filed a Motion for Partial Sum m ary Judgment, arguing that P laintiff was not entitled to an award of fees or expenses as a matter of law. P laintiff requested additional time to respond to the m o t i o n , and the Court gave her through April 15, 2010 to file a response. No response was filed by that date. On May 3, 2010, counsel for Plaintiff contacted the Court, and w h e n asked if he was going to file a response to the motion, counsel stated that he was going to w ithdraw the fees and expenses claims.

On May 11, 2010, the Court entered an order directing Plaintiff to formally w ithdraw the fees and expenses claims no later than May 21, 2010. It is now May 24, and the claims have not been withdrawn. There is no indication that Plaintiff has reconsidered her commitment to the Court to withdraw the claims. Therefore, Plaintiff's claim s for attorney's fees and expens es of litigation are hereby dismissed. Defendants' Motion for Partial Summary J udgm ent (Doc. 18) is denied as moot. A s the parties have had problems abiding by orders entered in this case, the Court reminds the parties that they are directed to inform the Court of the result of the upcoming mediation. Regardless of the result of the mediation, the parties are direc ted to report to the Court the status of the case not later than July 5, 2010. If the c as e is not settled at mediation, it will be placed on the September civil trial calendar.

S O ORDERED, this the 26th day of May, 2010. s/ Hugh Lawson HUGH LAWSON, SENIOR JUDGE m bh

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