Neva Costner v. Dolgencorp, LLC

Filing 52

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant Dolgencorp's amended motion for attorney fees and costs (#49) is GRANTED. IT IS FURTHER ORDERED that plaintiff Costner's motion to dismiss the case without prejudice (#37) is GRANTED. IT IS FURTHER ORDERED that defendant Dolgencorp's motion for partial summary judgment (#35) and motion for attorney fees and costs (#45) are DENIED AS MOOT. Signed by District Judge Stephen N. Limbaugh, Jr on 12/12/2017. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
NEVA COSTNER,

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Plaintiff,
v.
DOLGENCORP, LLC,
Defendant.

Case No. 1:16-CV-225-SNLJ

MEMORANDUM AND ORDER
This case is before the Court on plaintiff Neva Costner’s motion to dismiss the
case without prejudice (#37) and defendant Dolgencorp, LLC’s motion for partial
summary judgment (#35), motion for attorney fees and costs (#45), and amended motion
for attorney fees and costs (#49).
The Court granted Costner’s motion to dismiss the case without prejudice (#37),
conditioned on Costner’s paying Dolgencorp’s costs and reasonable attorney fees (#42).
Then, Dolgencorp filed its original motion for attorney fees and costs (#45), seeking
$29,016.41. Costner argued the amount was excessive because she planned to refile the
case, and most of Dolgencorp’s fees and expenses resulted from work that Dolgencorp
would not have to repeat when the case was refiled. The Court agreed and noted that it
would entertain a revised submission of fees and costs (#48).
Next, Dolgencorp filed an amended motion for attorney fees and costs (#49), now
seeking $2,938.26. The Court finds that the fees and costs are reasonable and grants the
motion.
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Accordingly,
IT IS HEREBY ORDERED that defendant Dolgencorp’s amended motion for
attorney fees and costs (#49) is GRANTED.
IT IS FURTHER ORDERED that plaintiff Costner’s motion to dismiss the case
without prejudice (#37) is GRANTED.
IT IS FURTHER ORDERED that defendant Dolgencorp’s motion for partial
summary judgment (#35) and motion for attorney fees and costs (#45) are DENIED AS
MOOT.
So ordered this 12th day of December 2017.

_______________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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