Core-Mark International, Inc. v. The Montana Board of Livestock et al

Filing 141

ORDER: On or before February 15, 2019, the parties are directed to meet andconfer and attempt to reach an agreement on the amount of attorneys' fees to be awarded and of costs to be allowed in this case. If an agreement is reached, the parties shall report the substance of the agreement to the Court on or before close of business on February 15, 2019. If the parties fail to reach an agreement on attorneys' fees and costs: The parties shall have to and including February 22, 2019, i n which to file supplemental briefs on issues relevant to fees and costs claimed by Plaintiff or disputed by Defendants. Each party shall have to and including March 1, 2019, in which to file a brief in response to the opponents' supplemental brief. (See order for complete details.) Signed by Judge Sam E Haddon on 2/6/2019. (HEG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONT ANA
2/6/2019

HELENA DIVISION

CORE-MARK INTERNATIONAL,
INC.,
Plaintiff,

No. CV 15-05-H-SEH

vs.
ORDER

The Montana Board of Livestock, in
its official capacity as head of the
Montana Department of Livestock, et
al.,
Defendants.

On February 5, 2019, the Court held a hearing on Plaintiffs Motion for
Attorneys' Fees and Costs. 1 Upon the record made in open court, and to assist
the court in address and resolution of issues presented by the motion:
ORDERED:
1.

On or before February 15, 2019, the parties are directed to meet and

confer and attempt to reach an agreement on the amount of attorneys' fees to be
awarded and of costs to be allowed in this case. If an agreement is reached, the
parties shall report the substance of the agreement to the Court on or before close

1

Doc. 123.

of business on February 15, 2019.
2.

If the parties fail to reach an agreement on attorneys' fees and costs:

a.

Plaintiff shall revise its submission requesting fees and costs

to include only fees and costs for work performed and services
provided in this case as related to the single claim upon which
Plaintiff prevailed on the merits.
b.

The parties shall have to and including February 22, 2019, in

which to file supplemental briefs on issues relevant to fees and costs
claimed by Plaintiff or disputed by Defendants.
c.

Briefs due February 22, 2019, should address, inter alia, the

totals of fees and costs claimed by Plaintiff or acknowledged by
Defendant together with a summary of the components of each
claim or acknowledgment.
d.

Each party shall have to and including March 1, 2019, in

which to file a brief in response to the opponents' supplemental
brief.
e.

Each party is also invited to include and address in its

supplemental brief:
1.

the effect, if any, of the United States Supreme
2

Court decision in W Va. Univ. Hosp. v. Casey, 499
U.S. 83 (1991) on Plaintiffs claims for $4,500 in
expert witness fees for Gunders and $2,697.50 for
Bechtold; and
11.

the preclusive effect, if any, of the denial by the

Ninth Circuit of Plaintiffs claims for attorneys' fees
and costs in its order of August 2, 2017.
3.

Upon filing of supplemental briefs as stated in paragraph 2 above,

the claim for attorney's fees and costs will be deemed submitted for decision.
DATED this

-6.

& day of February, 2019.

~~~&11)
~E.HADDON

United States District Court

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