MARSH SUPERMARKETS, INC. v. MARSH

Filing 329

ORDER - ON DEFENDANT-COUNTER CLAIMANT'S RULE 58 MOTION ; Defendant - Counter claimant's motion is accordingly GRANTED *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 10/11/2013. (CKM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

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MARSH SUPERMARKETS, INC.,
Plaintiff/Counterclaim-Defendant,
vs.
DON E. MARSH,
Defendant/Counterclaim-Plaintiff,
vs.
EMPLOYMENT AGREEMENT BY
AND BETWEEN DON E. MARSH AND
MARSH SUPERMARKETS, INC.
DATED AUGUST 3, 1999, AS AMENDED
JANUARY 1, 2005 AND
DECEMBER 30, 2005,
Third-Party Defendant

No. 1:09-cv-00458-SEB-TAB

ORDER ON DEFENDANT-COUNTERCLAIMANT’S RULE 58 MOTION
This cause is before the Court on Defendant-Counterclaimant Don E. Marsh’s motion for
issuance of order pursuant to Federal Rules of Civil Procedure 58(e) [Docket No. 301]. Mr.
Marsh asks that we order under Rule 58(e) of the Federal Rules of Civil Procedure, and
consistent with Appellate Rule 4(a)(4), that Mr. Marsh’s motion for attorneys’ fees under Rule
54(d)(2) be given the same effect on appellate deadlines as a motion under Rule 59 of the
Federal Rules of Civil Procedure.
Where applicable and not unjust to either party, such a ruling may have “the benefit of
promoting judicial efficiency by allowing an appeal relating to a fee award to be heard at the
same time as an appeal relating to the merits.” Fincher ex rel. Fincher v. Prudential Prop. &

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Cas. Ins. Co., 374 Fed. App’x 833, 838 (10th Cir. 2010). Plaintiff has interposed no objection to
this motion, and we see no reason why, in the absence of objection, promoting the consolidation
of the issues for appeal prejudices either party.
Defendant-Counterclaimant’s motion is accordingly GRANTED.
IT IS SO ORDERED.
10/11/2013
Date: ____________________
_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

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Distribution:
Andrew M. McNeil
BOSE MCKINNEY & EVANS, LLP
[e-mail]
Jonathan Lamont Mayes
BOSE MCKINNEY & EVANS, LLP
[e-mail]
Winthrop James Hamilton
BOSE MCKINNEY & EVANS, LLP
[e-mail]
David K. Herzog
FAEGRE BAKER DANIELS LLP - Indianapolis
[e-mail]
Munjot Sahu
FAEGRE BAKER DANIELS LLP - Indianapolis
[e-mail]
Ryan Michael Hurley
FAEGRE BAKER DANIELS LLP - Indianapolis
[e-mail]
C. Joseph Russell
KRIEG DEVAULT LLP
[e-mail]
Linda Joy Cooley
KRIEG DEVAULT, LLP
[e-mail]

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