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)

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'[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\/ 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

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