Tri-State Truck Center, Inc. v. Safeway Transport, LLC et al

Filing 17

ORDER requesting a supplemental filing re: attorneys' fees in support of the motion for default judgment 16 . TSL should docket the supplemental filing within 10 days of this Order. Signed by Chief District Judge Daniel P. Jordan III on November 23, 2023. (EHP)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
TRI-STATE TRUCK CENTER, INC.

PLAINTIFF

V.

CIVIL ACTION NO. 3:23-CV-410-DPJ-FKB

SAFEWAY TRANSPORT, LLC,
KH ENTERPRISE, LLC, KINA SANDERS,
KENYASCICUS SANDERS, ET AL.

DEFENDANTS

ORDER
In considering TSL’s motion for default judgment [16], the Court desires additional
information to substantiate the costs and attorneys’ fees incurred by the two law firms involved.
See Drinkwater Aff. [16-2] at 2 (offering to provide additional information upon request);
Reback Declaration [16-4] at 1 (limiting declaration to total amount sought); see also Miller v.
Ledbetter, No. 4:12-CV-97, 2013 WL 6817624, at *1 (S.D. Miss. Dec. 23, 2013) (“Generally, a
request for attorneys’ fees is not a ‘sum certain’ as contemplated by Rule 55(b)(1).”) (citing
Stolicker v. Muller, Muller, Richmond, Harms, Myers, & Sgroi, P.C., No. 1:04-CV-733, 2005
WL 2180481, at *5 (W.D. Mich. Sept. 9, 2005) (“A reasonable attorney fee requires a judicial
evaluation of the evidence regarding the fee. A sum certain, is just that, a liquidated amount that
requires nothing further. Cases discussing whether a reasonable attorney fee is a sum certain in
the context of the federal rules of civil procedure are instructive and establish that a ‘reasonable
attorney fee’ is not a ‘sum certain.’”) (citations omitted)).
TSL should docket the supplemental filing within 10 days of this Order. 1

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As to the attorneys’ fees paid in defending the California action (Reback Declaration), TSL
may either (1) provide additional information showing these fees are reasonable or (2) explain
why these fees should not be subject to the reasonableness inquiry under Rule 55(b)(1).

SO ORDERED AND ADJUDGED this the 13th day of November, 2023.
s/ Daniel P. Jordan III
CHIEF UNITED STATES DISTRICT JUDGE

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