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
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