Horton v. National Credit Systems Inc

Filing 51

ORDER denying 44 Motion for Attorney Fees; denying 48 Motion for Extension of Time to File, as more fully set out. Signed by Honorable David L. Russell on 4/2/18. (jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
SHANELLE N. HORTON,

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Plaintiff,
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v.
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NATIONAL CREDIT SYSTEMS, INC., )
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Defendant.
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Case No. CIV-17-143-R

ORDER
Before the Court is Plaintiff’s Motion for Award of Costs and Attorney’s Fees
(Doc. 44) and Plaintiff’s Motion for Extension of Time to File Motion for Award of Costs
and Attorney’s Fees (Doc. 48). The Court finds Plaintiff’s counsel Brian L. Ponder’s
conduct an egregious violation of the Court’s March 16, 2017, order (Doc. 27) to Plaintiff
to (1) file a motion for costs and fees under the Fair Debt Collection Practices Act
(“FDCPA”) by April 15, 2017, if the parties could not reach an agreement and (2) limit
requested costs and fees to work performed on or before March 9, 2017, which only totals
$2,775. See Doc. 44-1, at 5–6. Instead, counsel waited nearly seven months until October
13, 2017 to seek a $9,617.79 award of costs and attorney’s fees for work performed through
October 13, 2017. See Docs. 44 and 45. Defendant rightly objected (Doc. 46), and now
counsel essentially seeks a retroactive extension of the April 15, 2017, motion deadline to
bless his “[in]excusable neglect.”1 Fed. R. Civ. P. 6(b)(1)(B).

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In addition to violating the Court’s order, counsel violated LCvR7.1(h) by not (1) providing “specific
reasons for [his] requested extension to include an explanation why the act was not done within the
originally allotted time,” (2) stating “whether the opposing counsel or party agrees or objects to the
requested extension,” or (3) attaching “a proposed order for the court’s use if such relief is granted.”

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The Court deems that because Plaintiff violated the Court’s order to file his motion
by April 15, 2017, and to limit requested costs and fees to work performed on or before
March 9, 2017, Plaintiff has waived the right to FDCPA costs and attorney’s fees under 15
U.S.C. § 1692k(a)(3). Accordingly, the Motions (Docs. 44 and 48) are DENIED.
IT IS SO ORDERED this 2nd day of April, 2018.

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