Racine v. P.H. Las Vegas, LLC

Filing 95

ORDER that 90 Motion for Attorney's Fees and Costs is DENIED as follows: The request for attorney's fees is denied with prejudice, and the request for costs is denied without prejudice. Signed by Judge Lloyd D. George on 4/6/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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VANESSA RACINE,

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Plaintiff,

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v.

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Case No. 2:10-cv-01651-LDG (VCF)

PHW LAS VEGAS, LLC, et al.,

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ORDER

Defendants.

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The defendants, PHW Las Vegas, LLC, and PHW Manager, LLC, move for

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attorney’s fees and costs (#90). The plaintiff, Vanessa Racine, opposes the motion (#91).

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A motion for attorney’s fees may be brought by motion. Fed. R. Civ. Pro.

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54(d)(2)(A). Such motion must specify “the statute, rule, or other grounds entitling the

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movant to the award.” Rule 54(d)(2)(B)(ii). In their motion, the defendants assert that they

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are entitled to attorney’s fees pursuant to Nev. Rev. Stat. 18.010(2): “the court may make

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an allowance of attorney’s fees to a prevailing party . . . (a) [w]hen the prevailing party has

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not recovered more than $20,000. . . .” 1 The defendants argue that, as summary judgment

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In their reply, the defendants assert, for the first time, that they are seeking
attorney’s fees pursuant to §18.010(2)(b). The defendants have waived this additional
statute as a basis for attorney’s fees by failing to specify it in their motion.

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was awarded in their favor, and as they were not awarded any damages, they are a

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prevailing party that did not recover more than $20,000.

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The defendants’ argument fails as the Nevada Supreme Court has long established

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that “the recovery of a money judgment is a prerequisite to an award of attorney fees

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pursuant to NRS 18.010(2)(a).” Smith v. Crown Financial Services of America, 111 Nev.

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277, 890 P.2d 769 (Nev. 1995). Thus, to establish that they are entitled to an award of

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attorney fees pursuant to §18.010(2)(a), the defendants were required to establish that

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they were (1) the prevailing party, (2) they recovered a money judgment, but (3) did not

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recover more than $20,000. As defendants concede they “recovered $0,” (Doc. #90, p. 3,

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l. 10), they are not entitled to an award of attorney’s fees pursuant to §18.010(2)(a).
To the extent that defendants also seek an award of costs in their motion, such

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request is denied without prejudice. The defendants have filed a Bill of Costs (#89), and

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the Court will permit the Clerk to tax such costs in the first instance.

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Accordingly,

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THE COURT ORDERS that Defendants’ Motion for Attorney’s Fees and Costs (#90)

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is DENIED as follows: The request for attorney’s fees is denied with prejudice, and the

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request for costs is denied without prejudice.

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DATED this ______ day of April, 2015.

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Lloyd D. George
United States District Judge

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