Moore et al v. LaSalle Corrections Inc et al

Filing 383

MEMORANDUM ORDER denying 372 Motion for Attorney Fees, without prejudice, subject to the Defendants right to reassert the motion within 60 days after the appeal of the merits is resolved. Signed by Judge Terry A Doughty on 12/3/2020. (crt,Miletello, A)

Case 3:16-cv-01007-TAD-KLH Document 383 Filed 12/03/20 Page 1 of 2 PageID #: 30539

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

ERIE MOORE, JR., ET AL.

CIVIL ACTION NO. 3:16-CV-01007

VERSUS

JUDGE TERRY A. DOUGHTY

LASALLE CORRECTIONS, INC.,
ET AL.

MAG. JUDGE KAREN L. HAYES

MEMORANDUM ORDER
Currently pending is a Motion for Attorney’s Fees filed by Defendants Roy Brown, Alton
Hale, Kenneth Hart, William Mitchell, and Danielle Walker (collectively “Defendants”) [Doc. No.
372].
On October 30, 2020, this Court issued final judgments, ruling in favor of Defendants and
dismissing Plaintiffs’ claims in this lawsuit. [Doc. Nos. 348, 349, 350, 351]. On November 13,
2020, Defendants filed a Motion for Attorney’s Fees [Doc. No. 372], through which they seek an
award of attorney’s fees as the prevailing parties in this matter.
On November 24, 2020, Plaintiffs filed a Notice of Appeal [Doc. No. 379], thereby
instituting an appeal to the U.S. Fifth Circuit Court of Appeals from this Court’s October 30, 2020
judgments.
After having considered this matter, this Court believes that it would be in the interest of
judicial economy and prudent to wait and consider the attorney’s fees issue after the appeal has
been resolved. See Trahan v. Melancon, No. 6:14-cv-00722 (2017) U.S. Dist. Lexis 50552 (W.D.
La. March 31, 2017); Colonial Oaks Assisted Living v. Hannie Development, Inc., No. 6:18-cv01606, 2019 WL 7290951, (W.D. La. December 27, 2019). Accordingly,
.

Case 3:16-cv-01007-TAD-KLH Document 383 Filed 12/03/20 Page 2 of 2 PageID #: 30540

IT IS ORDERED that Defendants’ Motion for Attorney’s Fees [Doc. No. 372], is
DENIED, without prejudice, subject to the Defendants’ right to reassert the motion within sixty
(60) days after the appeal of the merits is resolved.1
Monroe, Louisiana this 3rd day of December, 2020.

____________________________________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE

1

Defendants have preserved the issue by filing their motion for attorney’s fees within the time required.