United States of America v. Katz et al
ORDER denying 220 Motion ; denying 225 Motion for Attorney Fees; denying 228 Motion for Attorney Fees; denying 246 Motion to Alter Judgment; denying 246 Motion for New Trial, ; STAYED (deferring ruling) pending resolution of the now-pe nding appeal in this matter on 246 Motion for Judgment on the Pleadings. ORDERED 1. Intervening Plaintiffs' Motion for Post Trial Order of Equitable Relief and Intervening Plaintiffs' Motion for Award of Reasonable Fees and Costs are DEN IED without prejudice to renewal, if appropriate, upon resolution of the now-pending appeal in this matter. 2. Defendants Motion for Reasonable Attorney Fees and Costs, renewed motion for judgment as a matter of law, and motion for new trial are DENIED. FURTHER ORDERED: Proceedings on Katz's motion for relief from final judgment are STAYED pending resolution of the now-pending appeal in this matter. Signed by Judge Sam E Haddon on 7/14/2017. (ELL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
JUL 14 2017
Clerk, U.S. District Court
District Of Montana
UNITED STATES OF AMERICA,
No. CV 14-68-BU-SEH
KRISTEN NEWMAN and
MONT ANA FAIR HOUSING, INC.,
The jury rendered verdicts on issues submitted on May 17, 2017, following
a seven-day trial. 1 Judgment was entered on May 17, 2017. 2 An Amended
Judgment was filed May 18, 2017. 3
Docs. 214, 216.
Intervening Plaintiffs moved for a post-trial order of equitable relief on May
19, 2017, 4 and on May 31, 201 7, moved for an award of reasonable fees and
costs. 5 Katz filed Defendants [sic] Motion for Reasonable Attorney Fees and
Costs 6 on June 7, 2017.
Federal Rule of Civil Procedure 54(d)(2)(B) provides that "[u]nless a statute
or a court order provides otherwise, the motion [for attorney's fees] must ... be
filed no later than 14 days after the entry of judgment." Katz attorney's fees
motion was filed 20 days after entry of the Amended Judgment. Katz cites no
statute permitting her to file the motion later than 14 days after judgment. The
Court is aware of no statute or rule of procedure allowing such a motion.
Moreover, no motion to extend the time for submission of a motion seeking
attorney's fees was filed. No extension granted. The motion was untimely.
Katz filed a Renewed Motion for Judgment as a Matter of Law (FRCP 50);
Motion for New Trial (FRCP 50 [sic]); [and] Motion for Relief from Final
Judgment (FRCP 60) on June 15, 2017. 7 All three were denied by Order8 of June
Doc. 243 (quoting L.R. 7.l(c)).
20, 2017, for failure to comply with L.R. 7 .1 (c ). The motions were refiled on June
21, 2017. 9
Federal Rules of Civil Procedure 50(b) and 59(b) specify the time for filing
a renewed motion for judgment as a matter of law and a motion for a new trial is
"28 days after the entry ofjudgment." 10 "A court must not extend the time to act
under Rules 50(b) and ... 59(b )." 11 Katz Rule 50(b) and 59(b) motions were filed
34 days after entry of the amended judgment. Notwithstanding the Court's
invitation to properly file her Rule 50(b) and ( 59)(b) motions after failing to
comply with L.R. 7 .1 (c ), such motions when refiled were untimely.
Intervening Plaintiffs filed a Joint Notice of Appeal 12 on June 21, 2017. On
the same date, the Court invited each party to submit a brief on whether such
notice of appeal divested the Court of jurisdiction to decide the several post-trial
motions. 13 All, without agreement on the jurisdictional issue, submitted briefs in
°Fed. R. Civ. P. 50(b); Fed R. Civ P. 59(b).
Fed R. Civ. P. 6(b)(2).
Doc. 257 (United States); Doc. 258 (Intervening Plaintiffs); Doc. 259 (Katz).
Intervening Plaintiffs' Motion for Post Trial Order of Equitable
Relief15 and Intervening Plaintiffs' Motion for Award of Reasonable Fees and
Costs 16 are DENIED without prejudice to renewal, if appropriate, upon resolution
of the now-pending appeal in this matter.
Defendants [sic] Motion for Reasonable Attorney Fees and Costs, 17
renewed motion for judgment as a matter of law, 18 and motion for new trial 19 are
Proceedings on Katz's motion for relief from final judgment20 are STAYED
pending resolution ofthe.tr'-pending appeal in this matter.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?