Freeman v. MH Equipment Company

Filing 100

MEMORANDUM AND ORDER (See Full Order for Complete Details) IT IS HEREBY ORDERED that defendant MH Equipment Company's Motion to Strike or, in the Alternative, Stay Briefing on Plaintiff's Motion for Attorney's Fees and Costs 95 is DENIED to the extent it seeks to STRIKE plaintiff James Matthew Freemans motion for attorneys fees and costs. IT IS FURTHER ORDERED that MH Equipment's alternative request to STAY further briefing on Freeman's motion for attorney's f ees is DENIED as moot, given my ruling entered this date on its Rule 50(b) motion. IT IS FURTHER ORDERED that James Matthew Freeman shall have ten (10) days from the date of this Order within which to supplement his pending motion for attorney's fees and costs. MH Equipment shall thereafter have seven (7) days to respond to Freeman's original motion and any supplement. Signed by District Judge Catherine D. Perry on 11/17/16. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES MATTHEW FREEMAN,
Plaintiff,
v.
MH EQUIPMENT COMPANY,
Defendant.

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No. 4:15 CV 1473 CDP

MEMORANDUM AND ORDER
IT IS HEREBY ORDERED that defendant MH Equipment Company’s
Motion to Strike or, in the Alternative, Stay Briefing on Plaintiff’s Motion for
Attorney’s Fees and Costs [95] is DENIED to the extent it seeks to STRIKE
plaintiff James Matthew Freeman’s motion for attorney’s fees and costs. While I
agree that Freeman ran the risk of having his motion considered untimely filed under
Local Rule 8.02, he fortuitously received a reprieve by virtue of MH Equipment’s
timely filing of its renewed motion for judgment as a matter of law under Fed. R.
Civ. P. 50(b). See Miltimore Sales, Inc. v. International Rectifier, Inc., 412 F.3d
685, 692 (6th Cir. 2005).
IT IS FURTHER ORDERED that MH Equipment’s alternative request to
STAY further briefing on Freeman’s motion for attorney’s fees is DENIED as
moot, given my ruling entered this date on its Rule 50(b) motion.

IT IS FURTHER ORDERED that James Matthew Freeman shall have ten
(10) days from the date of this Order within which to supplement his pending motion
for attorney’s fees and costs. MH Equipment shall thereafter have seven (7) days to
respond to Freeman’s original motion and any supplement.

_______________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 17th day of November, 2016.

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