Passport Health, LLC v. Avance Health System, Inc.

Filing 108

ORDER denying WITHOUT PREJUDICE 89 Motion for Attorney Fees and granting 94 Motion to Seal and Motion to Seal Document. Signed by Chief Judge Terrence W. Boyle on 3/8/2019. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:17-CV-187-BO

PASSPORT HEALTH, LLC,
Plaintiff,
v.

AVANCE HEALTH SYSTEM, INC.,
Defendant.

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ORDER

This cause comes before the Court on defendant's motion for attorney fees. [DE 89].
The appropriate response and reply have been filed, and the motion is ripe for ruling.

On

January 11, 2019, plaintiff noticed an appeal of this Court's order granting defendant's motion
for summary judgment, and the appeal remains pending before the court of appeals.
In light of the "sound policy . . . to wait until a controversy is finally decided on the
merits to ... determine who is the 'prevailing party,"' Furman v. Cirrito, 782 F.2d 353, 355-56
(2d Cir. 1986), the Court DENIES defendant's motion for

atto~riey

fees WITHOUT

PREJUDICE, and grants permission to refile and incorporate its prior filings by reference
following the issuance of the mandate of the court of appeals, if appropriate.

The related

motions to seal documents filed in support of or opposition to the motion [DE 94 & 104] are
GRANTED.
SO ORDERED, this__!____ day of March, 2019.

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TERRENCE W. BOYLE
CHIEF UNITED STATES DISTRICT JUDGE