Estate of Marty Lynn Rainey et al v. Ste. Genevieve County et al

Filing 60

MEMORANDUM AND ORDER re: 51 MOTION for Extension of Time to File ;Extension to file the following: Bill of Costs and Itemization of Attorney's Fees ;Proposed extension date 11/6/18 filed by Defendant Richard Mayfield, Defendant Abigail Brewer, Defendant Devon Hattenhauer, Defendant Stephanie Memhardt, Defendant Kyle Burt, Defendant Andrew Johnson, Defendant Amber Vonderhaair, Defendant Dan McCaffrey, Defendant Ste. Genevieve County, Defendant Norma Ellison, Defen dant Gary Stolzer, Defendant Alex Ketner, Defendant Anthony Delrasario, Defendant Anthony Brown, Defendant Gabe Puhse, Defendant Loren Gugel, Defendant Mike Sansoucie, Defendant Kristen Carrow, Defendant Ryan Richie, Defendant Curtis Weinho ld, Defendant Nick Ems, Defendant Dustin Edwards. IT IS HEREBY ORDERED that Defendants' Motion to File Bill of Costs and Itemization of Attorney's Fees out of Time (ECF No. 51) is GRANTED. IT IS FURTHER ORDERED that costs shall be taxed i n favor of Defendants and against Plaintiffs in the amount of $905.00 as set forth in Defendants' Exhibit B (ECF No. 52-2). IT IS FINALLY ORDERED that the parties may supplement their pleadings pertaining to Defendants' itemization of attorney's fees when the State court proceedings are completed to allow the Court to review the reasonableness of the request. Signed by District Judge Ronnie L. White on 4/3/19. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ESTATE OF MARTY LYNN RAINEY, et al.,
Plaintiffs,
v.
STE. GENEVIEVE COUNTY, et al.,
Defendants.

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No. 1:17CV96RLW

MEMORANDUM AND ORDER
This matter is before the Court on Defendants' Motion to File Bill of Costs and
Itemization of Attorney's Fees out of Time. (ECF No. 51) The motion is fully briefed and ready
for disposition. Upon review of the motion and related memoranda, the Court will grant the
motion to file out of time, tax costs against the Plaintiffs, and hold the requested attorney's fees
in abeyance pending further briefing upon the completion of the State court action.
This case stems from the death by suicide of Marty Lynn Rainey ("Rainey") while
incarcerated at the Ste. Genevieve County Jail. (Pls.' Second Am. Compl.

iii! 26, 57, ECF No.

23) Plaintiffs, the beneficiaries of Rainey's estate, sought monetary damages resulting from Ste.
Genevieve County and law enforcement officers' alleged violations of Rainey's rights under the
United States Constitution and Missouri law. After Plaintiffs' designated expert withdrew,
Plaintiffs filed a motion to voluntarily dismiss their cause of action without prejudice. (ECF No.
42) On August 27, 2018, the Court granted the motion and dismissed the action without
prejudice. (ECF No. 50) As a condition of dismissal, the Court ordered Defendants to submit a
bill of costs and an itemization of attorney's fees, less any expenses incurred for work that could

be reused in subsequent litigation, "within ten (10) days of the date that Plaintiffs refile the
action in state or federal court." (Id.)
On November 6, 2018, Defendants filed the present Motion to File Bill of Costs and
Itemization of Attorney's Fees out of Time, indicating that Plaintiffs refiled their claim in the
Circuit Court of Ste. Genevieve County on October 19, 2018. However, Defendants did not
become aware of such refiling until after the expiration of the 10 day requirement due to delays
in Missouri's Case.net system, lack of advance electronic notification to defendants in new
causes of action, and failure of Plaintiffs' counsel to notify Defendants of the refiled claim.
Defendants also submitted a Bill of Costs in the amount of $905.00 and an Itemization of
Attorney's Fees in the amount of $44,875.64. (ECF No. 52)
Plaintiffs have objected to Defendants' motion, asserting that the bill of costs and
itemization of attorney's fees is untimely. To the extent that the Court grants the motion to file
out of time, Plaintiffs have no opposition to the expenses contained in the bill of costs but do
object to the amount of attorney's fees sought by Defendants. Plaintiffs contend that Defendants
failed to comply with the Court's order by failing to reduce the amount by work that could be
reused in subsequent litigation. Further, Plaintiffs maintain that much of the work can be reused,
including the deposition of the expert who has again been retained in the state case.
Defendants, on the other hand, claim that most of the work performed in the federal case
cannot be reused, including the deposition of the expert who must be re-deposed. Defendants
have submitted a new breakdown of fees incurred from the federal case that may not be used in
the subsequent litigation, which totals $40,541.99.
The Court agrees with the Plaintiffs that this amount appears excessive in light of the fact
that Plaintiffs have raised the same wrongful death claim in State court and are using the same

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expert, whose new employer allows her to perform outside consulting. (Pls.' Ex. A, ECF No.
53-1) While Defendants may not be able to reuse some of the previous work, their allegation
that nearly all of the work in the federal case, including discovery responses, depositions, and
pleadings, is unusable appears speculative at this time. Thus, the Court will allow the parties to
supplement the pleadings pertaining to Defendants' itemization of attorney's fees upon the
completion of the State court proceedings when Defendants are able to make a more convincing
showing that the work in the federal case was useless in the State court action. Such new
itemization shall also include unredacted invoices filed under seal to allow the Court to
determine the reasonableness of the attorney's fees.
Accordingly,
IT IS HEREBY ORDERED that Defendants' Motion to File Bill of Costs and
Itemization of Attorney's Fees out of Time (ECF No. 51) is GRANTED.
IT IS FURTHER ORDERED that costs shall be taxed in favor of Defendants and
against Plaintiffs in the amount of $905.00 as set forth in Defendants' Exhibit B (ECF No. 52-2).
IT IS FINALLY ORDERED that the parties may supplement their pleadings pertaining
to Defendants' itemization of attorney's fees when the State court proceedings are completed to
allow the Court to review the reasonableness of the request.
Dated this 3rd day of April, 2019.

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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