McKenna v. Royal Oak, City of et al

Filing 118

ORDER denying 113 Motion for Attorney Fees without prejudice. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SCOTT E. MCKENNA, Plaintiff, v. THE CITY OF ROYAL OAK, a municipal corporation, OFFICER P. CLONAN, BADGE NO. 168, OFFICER P. EDGELL, BADGE NO. 208, OFFICER B. HONSOWETZ, BADGE NO. 173, and POLICE OFFICER JOHN DOES, jointly and severally, Defendants. _____________________________________________/ ORDER DENYING PLAINTIFF'S MOTION FOR ATTORNEY FEES WITHOUT PREJUDICE Before the court is Plaintiff's motion for attorney fees, filed October 3, 2008. Plaintiff seeks attorney fees after prevailing in a trial before a jury, which rendered its verdict on February 20, 2008. The court granted Defendant's request for a remittitur on July 21, 2008. Defendant filed a notice of appeal on August 14, 2008, and Plaintiff filed a notice of appeal on October 3, 2008. Given the pendency of the parties' cross-appeals and the circumstances of this case, the court finds that judicial economy will be served by adjudicating Plaintiff's fee motion after the Sixth Circuit rules upon the appeals. Accordingly, the court will deny Plaintiff's motion without prejudice. Plaintiff may refile his attorney fee motion at the conclusion of the appeal process. SO ORDERED. s/John Corbett O'Meara United States District Judge Dated: February 27, 2009 Hon. John Corbett O'Meara Case No. 04-74546

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, February 27, 2009, by electronic and/or ordinary mail. sWilliam Barkholz Case Manager

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