Barnes v. Federal Home Loan Mortgage Corporation et al

Filing 69

ORDER denying 68 motion to stay. Plaintiff shall respond to Defendant's Motion for Award of Attorneys' Fees and Costs on or before May 7, 2013. Signed on 4/30/13 by District Judge Greg Kays. (Francis, Alexandra)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
ST. JOSEPH DIVISION
CHRISTOPHER A. BARNES,
Plaintiff,
v.
FEDERAL HOME LOAN MORTGAGE
CORPORATION, et al.,
Defendants.

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No. 12-06062-CV-SJ-DGK

ORDER
Pending before the Court is Plaintiff’s Motion to Stay Determination of Award of
Attorneys’ Fees and Objections to Bill of Costs Pending Appeal (Doc. 68). The Eighth Circuit
has stated a preference that district courts not delay determination of attorneys’ fees until after
any appeals have been taken so that the Eighth Circuit may decide both issues at once:
“Whenever possible and practical, we would rather hear and decide an appeal of an attorney fees
award at the same time as an appeal on the merits.” Maristuen v. Nat’l States Ins. Co., 57 F.3d
673, 678 (8th Cir. 1995); see also White v. New Hampshire Dept. of Employment Security, 455
U.S. 445, 454 (1982) (observing “district courts generally can avoid piecemeal appeals by
promptly hearing and deciding claims to attorney’s fees. Such practice normally will permit
appeals from fee awards to be considered together along with any appeal from a final judgment
on the merits.”).
The Court holds the interest of judicial economy weigh in favor of resolving the issue of
attorneys’ fees at the present time, so any dispute concerning attorneys’ fees may be addressed
by the Eighth Circuit in conjunction with its review of the order of dismissal.

Plaintiff shall respond to Defendant’s Motion for Award of Attorneys’ Fees and Costs
(Doc. 65) on or before May 7, 2013.
IT IS SO ORDERED.

/s/ Greg Kays
GREG KAYS, JUDGE
UNITED STATES DISTRICT COURT
Date: April 30, 2013

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