Weddle et al v. Apex Financial Management, LLC et al

Filing 11

ORDER that the parties shall have until October 24, 2011, to informally resolve the attorney fee issue; and shall promptly notify the Court if they are able to do so; setting briefing schedule if fee issue is not informally resolved. (Written Opinion). Signed by Judge Richard H. Kyle on 09/23/11. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Scott and Patti Weddle,
Plaintiffs,
Civ. No. 11-2122 (RHK/JSM)
ORDER
v.
Apex Financial Management, LLC, et al.,
Defendants.

Plaintiffs in this action have accepted Defendants’ Offer of Judgment, reserving
the right to petition the Court for an award of reasonable attorneys’ fees. Plaintiffs
request that the Court issue a scheduling Order affording the parties “a minimum of 30
days . . . to attempt to informally settle th[e] issue of attorney’s fees and costs, without
the necessity of the Court’s involvement.” (Doc. No. 9 at 2.) Based on the foregoing,
and all the files, records, and proceedings herein, IT IS ORDERED:
1.

The parties shall have until October 24, 2011, to informally resolve the fee

issue. They shall promptly notify the Court if they are able to do so;
2.

In the event the parties are unable to resolve the fee issue without the

Court’s intervention, the following briefing schedule shall apply to Plaintiffs’ fee request:
Plaintiffs shall serve and file a Memorandum in support of their request, together with all
supporting documents, on or before October 28, 2011, and Defendants shall serve and file

a Memorandum in opposition to the request, together with all supporting documents, on
or before November 7, 2011; and
3.

No hearing will be held on the fee request unless the Court orders

otherwise.

Dated: September 23, 2011

s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge

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