Sweet v. Empire Auto Solutions, LLC et al
Filing
42
ORDER Denying as Moot 38 MOTION for Attorney Fees and Non-Taxable Costs filed by Frank Sweet. Signed by District Judge Robert H. Cleland. (LWag)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______________________________________________________________________
FRANK SWEET,
Plaintiff,
v.
Case No. 17-13699
EMPIRE AUTO SOLUTIONS, LLC,
et al.,
Defendants.
__________________________________/
ORDER DENYING AS MOOT PLAINTIFF’S MOTION
FOR ATTORNEY’S FEES AND NON-TAXABLE COSTS
Plaintiff filed a motion for attorney’s fees and non-taxable costs. (ECF No. 38.)
The motion related to a default judgment entered against Defendants for unsolicited
commercial telephone calls. (ECF No. 36.) The default judgment specified that
“Plaintiff’s Counsel shall submit [a] petition for fees and bill of costs within 28 days of
entry of this Order.” (Id., PageID.333.)
The default judgment was entered on July 25, 2019. Plaintiff filed his motion on
September 17, 2019, fifty-four days later. The court ordered that Plaintiff show cause as
to why it should consider his motion, given that it was twenty-six days late. Plaintiff
responded, stating that he “cannot satisfy the standards of good cause or excusable
neglect to permit the court to consider the otherwise untimely Motion.” (ECF No. 40,
PageID.548.)
Plaintiff has withdrawn his motion for attorney’s fees and non-taxable costs. (Id.)
There is nothing more for the court to decide and the motion is now moot. United States
v. City of Detroit, 401 F.3d 448, 450 (6th Cir. 2005) (quoting Cleveland Branch,
N.A.A.C.P. v. City of Parma, 263 F.3d 513, 530 (6th Cir. 2001) (“A federal court has no
authority to render a decision upon moot questions . . . . A case becomes moot when
the issues presented are no longer live or parties lack a legally cognizable interest in the
outcome.”). Accordingly,
IT IS ORDERED that Plaintiff’s Motion for Attorney’s Fees and Non-Taxable
Costs (ECF No. 38) is DENIED.
Inasmuch as all defendants have been terminated from the case or had default
judgments entered against them, this case is closed.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
/
Dated: October 15, 2019
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, October 15, 2019, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
(810) 292-6522
S:\Cleland\Cleland\JUDGE'S DESK\C2 ORDERS\17-13699.SWEET.OrderDismissingasMootAttorney'sFees.RMK.docx
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