Mesey et al v. City of Van Buren, Missouri et al
MEMORANDUM AND ORDER re: 17 MOTION to Amend/Correct 16 Memorandum & Order, filed by Defendant Charles Roper. IT IS HEREBY ORDERED that defendant Roper's motion to amend court order awarding attorneys' fees [#17] is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 10/8/19. (CSG)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
ROBIN MESEY, et al.,
CITY OF VAN BUREN, MO., et al.,
Case No. 1:19-cv-71 SNLJ
MEMORANDUM and ORDER
Plaintiffs filed a motion for taxation of costs of service to be assessed against
defendant Charles Roper and for attorneys’ fees [#13] on August 24, 2019. Roper had
failed to return the waiver of service sent to him by the plaintiffs, so plaintiffs had incurred
costs when they had to serve him formally with process. Federal Rule of Civil Procedure
4(d)(2) provides that
If a defendant located within the United States fails, without good
cause, to sign and return a waiver requested by a plaintiff located
within the United States, the court must impose on the defendant:
(A) the expenses later incurred in making service; and
(B) the reasonable expenses, including attorney’s fees, of any
motion required to collect those service expenses.
Fed. R. Civ. P. 4(d)(2). Plaintiffs requested the $65 service fee plus $1360 in attorneys’
Defendant Roper did not respond to the motion. The Court granted the motion on
September 10, awarding plaintiffs the cost of service plus attorneys’ fees totaling $1,425.
On September 17, 2019, defendant Roper filed the instant motion to amend the court
order awarding attorneys’ fees. Defendant contends that the Rule 4 permits the Court to
award plaintiffs the $65 service fee but not the attorneys’ fees because the attorneys were
not required to file the motion to obtain collection of the $65 fee. Defendant suggests that,
if someone had just asked, he would have handed over the $65.
Defendant, however, failed to respond at all to the motion. He was given ample time
to do so. He admits that, at the time the motion was filed, he had counsel entered in this
case. Defendant’s motion will be denied.
Plaintiffs now request an additional $440 to cover the expenses of responding to
defendant’s motion. That request is denied.
IT IS HEREBY ORDERED that defendant Roper’s motion to amend court order
awarding attorneys’ fees [#17] is DENIED.
Dated this 8th day of October, 2019.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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