Ingram et al v. AAA Cooper Transportation, Inc.

Filing 53

ORDER denying 50 Motion for Attorney Fees; denying 52 Motion to Strike. Signed by Judge J. Randal Hall on 07/21/2016. (thb)

IN THE UNITED STATES
SOUTHERN

DISTRICT COURT

DISTRICT

AUGUSTA

FOR THE

OF GEORGIA

DIVISION
*

MARK INGRAM, Individually and
as Personal Representative of
the Estate of Kellie Ingram,

*

*

Plaintiff,

*

v.

l:14-cv-142

*

AAA COOPER TRANSPORTATION,
INC.,

*

Defendant.

ORDER

On March

1,

2016,

the

Court

granted

summary

Defendant's favor on judicial-estoppel grounds.

(Doc. 45.)

Clerk of Court entered judgment that same day.

March 31,

pursuant
68(b)(1)

2016,

Defendant

to O.C.G.A.

filed a motion

§ 9-11-68.

(Doc.

judgment

(Doc.

46.)

for attorneys'

50.)

Section

in

The
On

fees

9-11-

provides that:
If

a

which

defendant

is

makes

rejected
be

an offer

by

the

of

settlement

plaintiff,

entitled

to

the

defendant

shall

reasonable
litigation

attorney's fees and expenses of
incurred by the defendant or on

the defendant's behalf from the date

recover

of the

rejection of the offer of settlement through
the entry of judgment if the final judgment
is one of no liability or the final judgment

obtained by the plaintiff is less than 75
percent of such offer of settlement.

Defendant provides evidence that it made "a reasonable,

good-

faith offer to settle Plaintiff's claims for $25,000.00," which

Plaintiff

rejected.

(Doc.

50

at

3;

Ex.

A.)

Defendant

seeks

$19,819.50 in attorneys' fees incurred on its behalf after.
Plaintiff responded by filing a "motion to strike or in the

alternative deny Defendant's motion for attorneys'
52.)

In her motion,

untimely

which
"no

under

provides

later than

Civ.

P.

14

(Doc.

Plaintiff argues that Defendant's motion is

Federal

that

fees."

Rule

of

motions

days

Civil

for

attorneys'

after the

54(d) (2) (B) (i) .

Procedure

entry of

Plaintiff

points

54(d)(2)(B)(i),

fees

must

be

judgment."

out

that

filed

Fed.

R.

Defendant

filed its motion thirty days after the Clerk entered judgment.

Defendant

did

not

respond

to

Plaintiff's

timeliness

argument.

Upon

due

procedural

requirements

54(d)(2)(B),

attorneys'

consideration,

including

of
the

the

Federal

Court

Rule

fourteen-day

determines

of

deadline

fees, apply to Defendant's motion.

Court DENIES Defendant's motion for attorneys'

untimely.
(Doc.

Civil

the

Procedure
move

for

Accordingly,

the

fees

to

that

(Doc.

50) as

The Court also DENIES Plaintiff's motion to strike.

52.)

ORDER ENTERED at Augusta, Georgia, this C>\/

day of July,

2016.

HONCX^BL]^3< RANDAL HALL1
UNITED^SffATES DISTRICT JUDGE
SOUTHERN DISTRICT

OF GEORGIA