Cavanagh et al v. Northern New England Benefit Trust

Filing 23

///ORDER. Defendant is entitled to judgment as a matter of law on all of plaintiffs' claims, as the court has already ruled, but defendant is not entitled its costs and attorney's fees. Clerk shall enter judgment in accordance with document no. 22, and this order. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Robert V. Cavanagh
and Rhoda M. Cavanagh
v.

Civil No. 12-cv-394-LM

Northern New England
Benefit Trust

O R D E R
In an order dated May 23, 2013, the court granted summary
judgment to defendant on all of plaintiffs’ claims against it,
but reserved decision on defendant’s request for attorney’s fees
and costs, as that issue was not properly before the court.

To

bring that issue before the court, defendant was given twenty
days to “either file a motion for attorney’s fees or notify the
court that it [did] not intend to do so.”
8.

Order (doc. no. 22)

That deadline has come and gone, and defendant has neither

moved for attorney’s fees nor indicated that it does not intend
to do so.

Accordingly, defendant’s request for attorney’s fees

is denied.
To summarize, defendant is entitled to judgment as a matter
of law on all of plaintiffs’ claims, as the court has already
ruled, but defendant is not entitled its costs and attorney’s

fees.

The clerk of the court shall enter judgment in accordance

with document no. 22, and this order, and close the case.
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge

June 26, 2013
cc:

Kenneth M. Brown, Esq.
William R. Cahill, Jr., Esq.

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