Reese et al v. CNH America, L. L. C.
OPINION AND ORDER denying 325 Motion for Reconsideration re 322 Order on Motion for Attorney Fees filed by Jack Reese, James Cichanopsky, George Nowlin, Frances Elaine Pidde, Roger Miller. Signed by District Judge Patrick J. Duggan. (MOre)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
JACK REESE, FRANCES ELAINE PIDDE,
JAMES CICHANOFSKY, ROGER
MILLER, GEORGE NOWLIN, and
RONALD HITT, on behalf of themselves
and a similarly situated class,
Case No. 04-70592
Honorable Patrick J. Duggan
CNH GLOBAL N.V. and
CNH AMERICA LLC,
OPINION AND ORDER DENYING PLAINTIFFS’ MOTION FOR
RECONSIDERATION OF THE JUNE 30, 2011 ORDER RELATING TO
This matter is presently before the Court on Plaintiffs’ motion for reconsideration
filed pursuant to Eastern District of Michigan Local Rule 7.1(h) on July 14, 2011.
Plaintiffs seek reconsideration of this Court’s June 30, 2011 decision granting in part and
denying in part Plaintiff’s second motion for attorneys’ fees, arguing that this Court
committed a palpable defect in denying their request for attorneys’ fees for work
expended on appeal. According to Plaintiffs, the Court applied an incorrect legal
standard in reaching its decision.
It is unclear why Plaintiffs believe this Court applied an incorrect legal standard in
assessing whether to award them attorneys fees for the appeal. The Sixth Circuit has
repeatedly set forth the five factors this Court applied as the relevant factors when
deciding whether to award attorney’s fees under ERISA. See Wells v. U.S. Steel, 76 F.3d
731, 736 (6th Cir. 1996) (citing Armistead v. Vernitron Corp., 944 F.2d 1287, 1304 (6th
Cir. 1991) (citing Sec’y of Dep’t of Labor v. King, 775 F.2d 666, 669 (6th Cir. 1985)).
This Court did not disobey, as Plaintiffs suggest, the Supreme Court’s statement in
Hensley v. Eckerhart, 461 U.S. 424, 103 S. Ct. 1933 (1983), that “[w]here a plaintiff has
obtained excellent results, his attorney should recover a fully compensatory fee” that
“should not be reduced simply because the plaintiff failed to prevail on every contention
raised in the lawsuit.” Id. at 435, 103 S. Ct. at 1940. To the contrary, the Court
concluded that Plaintiffs are not entitled to attorneys fees for the work expended on the
appeal because they did not obtain excellent results on appeal.
For these reasons, Plaintiffs fail to demonstrate that this Court committed a
palpable defect in deciding their second motion for attorneys’ fees.
IT IS ORDERED, that Plaintiffs’ motion for reconsideration of the June 30, 2011
order relating to attorney fees is DENIED.
Date: July 20, 2011
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Roger J. McClow, Esq.
Norman C. Ankers, Esq.
Bobby R. Burchfield, Esq.
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