Auto Club Family Insurance Company v. Moroney et al

Filing 28

ORDER granting 27 the parties' Joint Motion to defer or deny without prejudice the Counterclaimants' Motion for Attorney Fees and Post Judgment Interest and denying without prejudice 22 the Counterclaimants' Motion for Attorneys' Fees and Postjudgment Interest. Signed by Chief District Judge Julie A Robinson on 03/29/2018. (tvn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
AUTO CLUB FAMILY
INSURANCE COMPANY,

)
)
)
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Plaintiff,
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vs.
)
)
)
BLAKELUND MORONEY et al.,
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heirs at law to KEVIN P. MORONEY,
)
deceased,
)
)
and
)
)
SUZANNE ESTRELLA and
)
BENJAMIN ESTRELLA,
)
)
)
Defendants. )
)

Case No. 2:16-cv-02789-JAR-JPO

ORDER GRANTING THE PARTIES’ JOINT MOTION TO DEFER OR
DENY WITHOUT PREJUDICE THE COUNTERCLAIMANTS’ MOTION FOR
ATTORNEYS’ FEES AND POSTJUDGMENT INTEREST
The Court has before it the parties’ Joint Motion to Defer or Dismiss Without
Prejudice the Counterclaimants’ Motion for Attorneys’ Fees and Postjudgment Interest
(Doc. 22). The Court grants the relief requested on the basis of judicial efficiency and
fairness, as set out in the joint motion and in previous orders of this Court.1

1

Hudson v. AIH Receivable Mgmt. Servs., Case No. 10-2287-JAR, 2012 WL 13026795, at *2 (D.
Kan. Dec. 7, 2012) (“Because Defendant has appealed numerous issues of law, the Court finds that the
interests of judicial efficiency and fairness weigh in favor of waiting for a mandate from the Tenth Circuit
before awarding or denying attorneys’ fees in this matter.”) (citations omitted); Rural Water Dist. No. 4,
Douglas Cty., Kan. v. City of Eudora, Case No. 07-2463-JAR, 2010 WL 11566095, at *1 (D. Kan. Jan. 11,
2010) (same).
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IT IS THEREFORE ORDERED that the parties’ Joint Motion to Defer or Deny
Without Prejudice (Doc. 24) is granted.

The Court denies without prejudice the

Counterclaimants’ Motion for Attorneys’ Fees and Postjudgment Interest (Doc. 22). The
Counterclaimants may renew their motion, if not moot, in accord with D. Kan. Rule 54.2
within 14 days of the date the Tenth Circuit issues a mandate in this case.
IT IS SO ORDERED.
Dated: March 29, 2018
S/ Julie A. Robinson
JULIE A. ROBINSON
CHIEF UNITED STATES DISTRICT
JUDGE

2