Legend Night Club v. Ehrlich

Filing 141

MEMORANDUM AND ORDER re concession. Signed by Judge Marvin J. Garbis on 12/6/11. (jnl, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
THE LEGEND NIGHT CLUB

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Plaintiff

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vs.

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PRINCE GEORGE=S COUNTY BOARD
OF LICENSE COMMISSIONERS,
et al.

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Defendants
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CIVIL ACTION NO. MJG-05-2138
(Consolidated with MJG-05-2686)

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MEMORANDUM AND ORDER RE: CONCESSION
The Court has before it Plaintiffs and Defendant Prince
Georges County Maryland’s Joint Motion to Treat Plaintiff’s
Motion For Attorneys Fees as Conceeded (sic) as to the Other
Defendants as They Failed to Oppose The Motion [Document 134]
and the materials submitted relating thereto.

The Court finds

that a hearing is unnecessary.
Plaintiffs seek to have the Court grant them a “default
judgment” for legal fees. Plaintiffs seek to have the Court deny
the State the right to contend that the Court should award
anything less than the full $238,608.25 sought by Plaintiffs.
The Court does not doubt Plaintiffs’ counsel’s representation
that Prince George’s County, Maryland, joins in the motion.
However, the Court cannot fathom why the County would do so.

It is unnecessary to revisit the issue of the degree of
fault, if any, to ascribe to the State’s counsel in regard to
the timing of filing responses.

Even assuming – although

certainly not finding - that blame could be “heaped on” counsel,
the default sanction would be unwarranted.

In any event, the

Plaintiffs and, to the extent it may be affected, Prince
George’s County, Maryland would not be unfairly prejudiced by
having the Court determine the correct amount of the legal fee
award.
For the foregoing reasons, the Plaintiffs and Defendant
Prince Georges County Maryland’s Joint Motion to Treat
Plaintiff’s Motion For Attorneys Fees as Conceeded (sic) as to
the other Defendants as They Failed to Oppose The Motion
[Document 134] is DENIED.

SO ORDERED, on Tuesday, December 6, 2011.

/s/___
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Marvin J. Garbis
United States District Judge

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