Dezauche v. Aircraft Manufacturing & Design, LLC et al

Filing 158

ORDER denying as moot 148 Motion for Attorney Fees; denying 151 Motion for Attorney Fees; and denying as moot 152 Motion to Strike. Signed by Judge Dudley H. Bowen on 11/12/15. (cmr)

'[iRlGittJAL
THE UNITED

IN

FILED
U . S . I S T N IC S U R T
D
CI
'ru':'ISIJ'
Dlv'
couRr

STATES DISTRICT

DIsrRIcr oF GEoRGIA?fl$H0y lH 9;53
FoR rHE sourHERN
lZ
DIVTSION

DUBLIN

DANIEL DE AUCHE,
Z
Dl rinl-

i f f

V.

LV

JL-L-/1

GEORGE
W. BRYCE JR . ..
.
S O U T H E A S L I G H T SP O R T
T
AVIATION, LLC;
ELY LIGHT SPORT, LLC; ANd
EASTMAN V]ATION, INC. ,
A
Defendants.

ORDER

attorney'

s

mn-rnr- '.r
emcr.ren-\/

for

the

before

PresentLy

(doc.

fees

mo1 ion

to

fees

attorney's

no.

(doc.

c--'ka

motion

Defendants'

amended motion

Pl-aintif f 's

for

to

for

amended

motion

reasons below'

DENIED AS MOoT,

is

fees

attorney's

emergency motion

first

DgfendanLs'

For the
fees

motion

and Plainliif's

151),

denv

152).

attot:ney's

Defendants'

and

no.

an'l/or

(doc. no.
for

Defendants'

1 4 8) ,

fees

at I-or*FV's

Defendants'

are

Court

strike

is

is

DENIED,

DENIED AS

MOOT.
Pursuant
Defendants

to

filed

Federal

Rule

a notion

for
1

of

Civil

attorneys'

Procedure
fees

54 (d) ,

on November

5,

(doc.

2015,

(doc.

2015

November

9,

"Iu]nLess

a statute

for

motion
days

or

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

In

origrnal
thirteen

days

for

motion

contend

that

duration

given

the

filed

motion

The

pursuant

54(d) (2) with

(c)

the

Rule

Federaf
parLies

to

Clerk
CiviI

of

Within

30 days

(or

judgment,

movant

the

detailed

speciflcation

requested

award,

-rv^-

-

-sPye!

a^

trr19

with

shaff
and

,^^UmenratiOn.
vvv

Procedure

the

upon

5

soughL-

period
of
and

.itemization

appr:opriate

be

shaLl

and served under

entl:y
file

days

Civil

such other
after

See

fees]

Procedure

againsL whom rne award is

Cour:t may prescribe)

(, LrrE!

Court

of

2015,

IN

of Locaf Rule 54 2:

Rule of

Federal

P.
its

fifed

thirty

actually

attorney's

Ifor

14

However, Defendants

provisions

following

Civ.

window closed.

141.\

w.indow was

their

(b)

(Doc. no.

6 (a) ;

than

November 5,

on

fourteen-day

the

after
P.

Eed. R. Civ.

fees

attorney's

R.

fed.

Defendants

case,

this

a

otherwise,"

no later

judgment. "

of

entry

the

provides

"must be fifed

fees

on

Ru.Le 54 (d) '

Under

order

a court

attorneys'

after

151) .

no.

motlon

amended that

and fater

148)

no.

as the

the

finaf

serve
of

affidavits

a
the
and

54.2 (b) - (c) .

LR

not

necessary
In

resolve

to

addition

to
fhat

a

judgmerL

and

Lhe

e . n fi t I i n o

t he

novant

54\d) \2 ) (B) (ii)
-..r!.^-i

1 -,
.

duLr't,!!Ly

f tra*

PLaintiff's

as

Therefore,

Defendants

entitle

54 (d) motion
Yet,

:

q.\

is

with

sanctions

its

:fr^,-F\/'

Duma, LiP.

"specify

P.

Lo

any

award

of

motion

on

noL

cired

Rule

54

theory, "

Defendants'
plaincj

and

knows of
fees,

attorneys'

Civ.

R.

and execution. "
itseff

grounds

other

Fed.

^-o^"-,-i^nr,,

ii's

(Doc. no.
no

148.)

grounds

that
Rule

Defendants'

and pursuant

amended motion

S

to

against

to

rne

Andersen's

Mr.

According

and

speci fic

Rule

counsel,

firm'

Taylor

motlon

for:

from any oLher motion

and

conduct

that

11,

Federaf

DefendanLs

Pla intiff's

against

feeS

must be nade separaLely

must describe

1s

denled.

Donafd Andersen,
English

Iees

P r o c e d u r e 1 1 a n d 2 8 U . S C . S 1 9 2? .

Civlf

sook

to

a

legal

Court

54(d) (2)

Defendants base their

r^^^.-an

the

issue

Rule

or

have

authorize

judgment

"deficient

ru-e,

DefendanLS

Instead,

a16

u,'rL!uurJq!l

this

accorneys'

award. "

the

"tenuous

.'rnnor-essAr./

Rule of

to

,,^uld

fees.

attorneys'

for

sr'aLuLe,

Here.

.

of

requirements,

motion

the

understands

54 motion.

Rule

timing

its

Court

the

a resolution

the

'eorr'res

^- s.\
rhe

parties,

the

of

content.ions

While

SDGa.

"Ia]

allegedly

vicLaLes

Rule l-1(b) ."

ra^ir

i ramant

First,

c

"the

bringing

and pursuj t- of

is

a

specific

(Doc. no.

S 1 9 2 1,

p roceec i ngs

Lhe

may

vexatrousfy

reasonably

incurred

Afthouqh

any

of

these
was

motion

1927 motions.

S

1n

counsel

the

DefendanLs"

againsL

conduct.

sanctionable

the

to

a

survive
Law,

i,rrrr

rrorrli

ir f n tl r v v i a . l
J

I ha

of

indicares

reasonabfe.

nrncaadi

nne

DeIendants'
thaL

his

and attorneys'

a-

Plaintif{

not

28 U.S.C.

motion

Defendants'

indicate

and

demand

for
Lo
that

vav.Iinrr<lrr//

-r^a

y
s u m r ' ]ra

S
ar:

inabillty

itself
rr

fees

submitced

P.a-nriff's

\\rrnrorcnnrhl

counsel

Plaintiff's

does

c]-

and

sat isfY

Lo

court

such conduct. "
that

who so

,

'cy

unreasonabLy

case

expenses,

evidence

insufficlent

a L LU!r

rhe

oy

because of

I udgmenr'

68)

in

rry

of

was

surviva.

Lat

excess costs'

the

m ,rurf ' l rr
'r

of

of

required

be

personally

obtain

11

amended

15:,.)

mulr iples

trial

U. S. C.

claims

specious

its

either

Rufe

actions

description

Under 2B U.S.C.

1921.

fulfifl

28

and

54

inexplicable

Second,

not

Even in

Defendants'

Rule

alongside

brought

does nol

motion

Defendants'

state,

P. 11 (c) (2).

Fed. R. Civ.

Pfaincitl's

ludgment motion
for

a

jury

{doc.
t-riaf

no
was

chese

for
fees
motion

(doc.
for

Plaintiff's
(doc. no.

no.

reasons,
148)

is

attorney's

DefendanLs'

I or

attorney's

DENIED AS MOOT, Defendants'
fees

emergency motion
152) is

motion

(doc.

no.

to

strike

151)

is

amended

DENIED. and

Defendants'

motion

DENIEDAS MOOT.

ORDER ENTERED aL

ALgUStA.

/At*'-

day of November, 2015.

UNITED S

TES DISTR]CT JU