Paeth et al v. Worth, Township of et al

Filing 115

ORDER denying 114 Plaintiffs' Motion for Attorney Fees. Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GEORGE T. PAETH and
MARGARET C. PAETH,
Plaintiffs,
v.

Case Number 08-13926
Honorable David M. Lawson

WORTH TOWNSHIP,
Defendant.
______________________________________/
ORDER DENYING PLAINTIFFS’ MOTION FOR APPELLATE ATTORNEY’S FEES
AND COSTS AND DISBURSEMENT OF FUNDS FOR THE PAYMENT OF FUNDS
The Court entered an amended judgment against the defendants on September 21, 2010.
Shortly thereafter, the defendant moved for a new trial or remittitur. After the defendant’s motion
for new trial or remittitur was denied, the defendant filed a timely notice of appeal. On June 8, 2012,
the court of appeals issued an opinion reversing the grant of summary judgment on the plaintiffs’
due process violation; vacating the award of damages for that violation; and affirming the Court’s
judgment with regard to the plaintiffs’ First Amendment violation, the award of damages for that
violation, and the award of attorney’s fees. The court of appeals has not issued a mandate yet.
Presently, the matter is before the Court on the plaintiffs’ motion for appellate attorney’s fees and
costs and disbursement of funds for the payment of funds.
The Court is without jurisdiction to entertain the plaintiffs’ motion because the court of
appeals has not issued a mandate. Youghiogheny & Ohio Coal Co. v. Milliken, 200 F.3d 942, 951-52
(6th Cir. 1999) (“Although the issuance of the mandate is largely a formality, the court of appeals
retains jurisdiction over the case until it issues, and the district court or agency whose order is being
reviewed cannot proceed in the interim.”). Therefore, the Court must deny the plaintiffs’ motion.

Accordingly, it is ORDERED that the plaintiffs’ motion for appellate attorney’s fees and
costs and disbursement of funds for the payment of funds [dkt. #114] is DENIED WITHOUT
PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: June 21, 2012
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on June 21, 2012.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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