PERRY v. H&R BLOCK EASTERN ENTERPRISES, INC.

Filing 130

ORDER THAT DEFT'S MOTION FOR ATTORNEYS' FEES IS DENIED WITHOUT PREJUDICE. ( SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 8/18/09. ) 8/20/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DONNA PERRY v. H&R BLOCK EASTERN ENTERPRISES, INC. : : : : : : ORDER AND NOW, this 18th day of August, 2009, whereas the Court conducted a bench trial on the defendant's damages for its breach of contract counterclaim, and upon consideration of the parties' filings with respect to the issue of damages, including the defendant's Objection and Motion to Strike (Docket No. 127), and the defendant's Motion for Attorneys' Fees (Docket No. 128), and for the reasons stated in a memorandum of law bearing today's date, IT IS HEREBY ORDERED that: 1. The defendant may not collect damages based on the CIVIL ACTION

NO. 04-6108

damages provision contained in the plaintiff's employment agreement. Instead, the Court will award H&R Block nominal

damages in the amount of one dollar ($1.00). 2. The defendant's Objection and Motion to Strike is The Clerk shall strike from the record the

GRANTED in part.

three-page list of customers attached to the plaintiff's letter

dated October 28, 2008.

See Letter from Donna Perry to Hon. Mary

A. McLaughlin (Oct. 28, 2008), attached to Docket No. 124. 3. In view of the Court's ruling on damages, H&R

Block's Motion for Attorneys' Fees is DENIED without prejudice. Within thirty days of this Order, H&R Block may submit a supplemental brief explaining whether and to what extent the plaintiff can be held accountable for its costs and attorneys' fees in view of the Court's ruling on damages. The defendant

need not formally re-file its motion for attorneys' fees or reproduce the analysis contained therein; rather, it may submit a supplemental brief only on these issues. The plaintiff shall

then have thirty days to file a response to the defendant's supplemental brief.

BY THE COURT:

/s/ Mary A. McLaughlin MARY A. McLAUGHLIN, J.

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