Montgomery v. Sanders et al

Filing 103

ORDER DENYING MOTION TO COMPEL - This case is before the Court on Plaintiff's Motion to Compel Payment of Attorney Fees and Expenses (Doc. No. 99). In its Response (Doc. No. 100), the United States has recognized its obligation to pay the amount ordered by the Court without awaiting final judgment in the case and Plaintiff, in his Reply (Doc. No. 101) acknowledges that the Government has taken necessary affirmative steps in that direction, although payment is not complete. Given that status of the matter, there is no need for the Court to determine its authority to make an order compelling payment. If payment is not received by June 1, 2011, Plaintiff is free to seek reconsideration. The present Motion is denied. Signed by Magistrate Judge Michael R Merz on 5/17/2011. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JOEL B. MONTGOMERY, et al.,
Plaintiffs,

:

Case No. 3:07-cv-470
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-vs:
MARY L. SANDERS, et al.,
Defendants.

ORDER DENYING MOTION TO COMPEL

This case is before the Court on Plaintiff’s Motion to Compel Payment of Attorney Fees and
Expenses (Doc. No. 99). In its Response (Doc. No. 100), the United States has recognized its
obligation to pay the amount ordered by the Court without awaiting final judgment in the case and
Plaintiff, in his Reply (Doc. No. 101) acknowledges that the Government has taken necessary
affirmative steps in that direction, although payment is not complete.
Given that status of the matter, there is no need for the Court to determine its authority to
make an order compelling payment. If payment is not received by June 1, 2011, Plaintiff is free to
seek reconsideration. The present Motion is denied.
May 17, 2011.
s/ Michael R. Merz
United States Magistrate Judge

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