Judeh v. Louisiana State University System et al

Filing 70

ORDER CLARIFYING 67 Order on Motion for Attorney Fees. Defendants have an additional ten days to amend their fee request to eliminate any fees incurred in the defense of plaintiff's due process claim.. Signed by Chief Judge Sarah S. Vance on 1/14/14.(jjs, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
HILMI JUDEH

CIVIL ACTION

VERSUS

NO: 12-1758

LOUISIANA STATE UNIVERSITY SYSTEM,
et al.

SECTION: R(4)

ORDER CLARIFYING THE COURT'S ORDER DATED DECEMBER 30, 2013
After reviewing defendants' Amended Motion for Attorney's
Fees and Costs, it has come to the Court's attention that the
language in the conclusion of the order dated December 30, 2013
awarding fees for the defense of plaintiff's due process claims
against Rung, Moerschbaecher, and Fontham was in error.

As the

Court stated in its reasons, it was immaterial whether the due
process claim was frivolous as to those defendants, because the
arguments defending against this claim were identical as to each
defendant and dealt only with the sufficiency of the process
afforded plaintiff.

Because defendants may recover only the fees

they would not have incurred but for the existence of the
frivolous claims, see Fox, 131 S. Ct. at 2215, defendants were
entitled to recover for their defense against plaintiff's due
process claim only if the claim was frivolous against Tortu and
Williams as well.

The Court concluded that it was not.

Defendants have an additional ten days to amend their fee
request to eliminate any fees incurred in the defense of
plaintiff's due process claim.
New Orleans, Louisiana, this 14th day of January, 2014.
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_________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE