Penn, LLC et al v. Prosper Business Development Corporation, et al

Filing 312

ORDER granting in part and denying in part 311 Defendants Drenik and Rist's Motion to Vacate the Attorney Fees Hearing and for the Court in enter Final Judgment in this matter. The 12/5/13 Oral Hearing is VACATED, but the Court DENIES Defendants Drenik and Rist's request for this Court to enter Final Judgment. Signed by Judge Gregory L Frost on 12/3/13. (sem1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
PENN, LLC, et al.,
Plaintiffs,

Case No. 2:10-cv-0993
JUDGE GREGORY L. FROST
Magistrate Judge Terence P. Kemp

v.
PROSPER BUSINESS DEVELOPMENT
CORPORATION, et al.,
Defendants.

ORDER
This matter is before the Court on the motion of Defendants Gary Drenik and Phil Rist to
vacate the attorney fees hearing scheduled for December 5, 2013, and request for the Court to
enter final judgment in this matter in accordance with the jury’s verdict. (ECF No. 311.)
Defendants Drenik and Rist state in their motion that they “no longer wish to pursue an award of
attorney fees.” (Id. at PageID# 17644.) As part of its verdict in favor of Defendants on the
counterclaim for abuse of process, the jury found that Defendants Drenik and Rist were entitled
to an award of attorney fees in an amount to be determined by the Court. (Order, ECF No. 289.)
The Court GRANTS IN PART AND DENIES IN PART Defendants’ motion. In
accordance with Defendants Drenik and Rist waiving their recovery of attorney fees, the Court
hereby VACATES the attorney fee hearing previously scheduled for December 5, 2013. (ECF
No. 291.) The Court DENIES the request of Drenik and Rist for this Court to enter final
judgment in this matter. The Court defers entry of final judgment until its disposition of
Plaintiff’s post-trial motion for judgment as a matter of law or, alternatively, for new trial. (ECF
No. 309.)

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IT IS SO ORDERED.

/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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