Northeastern Lumber Manufacturers Assocation v. Northern States Pallet Company, Inc. et al

Filing 75

ORDER 73 Motion for Judgment, 74 Motion for Judgment. NELMA has two options. First, it can pursue default, and default judgment, against Jackson, and then presumably get the final judgment it seeks, holding Jackson jointly and severally liable for the attorneys fees already assessed against Northern States. Or, it can seek to enforce the award of attorneys fees it has already received from the Bankruptcy Court, and move to dismiss its claims against Jackson in this court. Those are the only two options. NELMA is directed to select one of them, and act on it, within ten days of the date of this order. So Ordered by Magistrate Judge Landya B. McCafferty.(ko)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Northeastern Lumber
Manufacturers Association
v.

Civil No. 09-cv-290-LM

Northern States Pallet Company,
Inc; and James H. Jackson

O R D E R
James Jackson remains a defendant in this case.

NELMA has

various claims against him that have yet to be adjudicated by
this court, either substantively or by way of a motion for
default.

But, NELMA does hold a judgment against Jackson, on

essentially the same claims, from the Bankruptcy Court.
Specifically, the Bankruptcy Court ruled:
Judgment is hereby ordered against DEFENDANT in the
amount of $157,122.33, with interest thereon at the
rate provided by statute and such attorneys fees as
are awarded by the United States District Court in
connection with this matter.
Pl.’s Resp., Attach. 1 (doc. no. 71-1).

The Bankruptcy Court

made an award of attorneys’ fees from Jackson to NELMA.

This

court made an award of attorneys’ fees from Northern States to
NELMA.

This court’s award was in connection with the matter

before the Bankruptcy Court given that NELMA’s claims against

Northern States and Jackson in this case are the same claims
that were decided in the adversarial proceeding against Jackson
in the Bankruptcy Court.

The amount of this court’s award of

attorneys’ fees against Northern States is the amount of the
Bankruptcy Court’s award against Jackson.

The Bankruptcy Court

did not contemplate that this court would enter an order against
Jackson for attorneys’ fees.

The Bankruptcy Court contemplated

that this court would fix the amount of attorneys’ fees to which
NELMA is entitled.

It has done so.

And it has determined that

liability for attorneys’ fees runs jointly and severally.
But, the relief NELMA requests, i.e., final judgment
against Jackson, is not among the available options.

Without a

judgment against Jackson on liability, of which there is none in
this court, this court cannot order Jackson to pay attorneys’
fees.

Nor is the court aware of any authority for the

proposition that the Bankruptcy Court can have this court issue
an order on damages when it has determined liability.

That, of

course, is not what the Bankruptcy Court contemplated in its
order.

The Bankruptcy Court contemplated that this court would

determine the correct amount of attorneys’ fees, which has
happened, and that it would adopt that amount as the amount of
its own award of attorneys’ fees.

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Based on the foregoing, NELMA has two options.

First, it

can pursue default, and default judgment, against Jackson, and
then presumably get the final judgment it seeks, holding Jackson
jointly and severally liable for the attorneys’ fees already
assessed against Northern States.

Or, it can seek to enforce

the award of attorneys’ fees it has already received from the
Bankruptcy Court, and move to dismiss its claims against Jackson
in this court.

Those are the only two options.

NELMA is

directed to select one of them, and act on it, within ten days
of the date of this order.
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge

October 20, 2011
cc:

George F. Burns, Esq.
Dawnangela A. Minton, Esq.
James H. Jackson, pro se

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