Dessus-Medina et al v. Hotel Wyndham San Jos Herradura - Costa Rica et al
Filing
52
OPINION AND ORDER re 50 MOTION for Attorney Fees and Costs of Litigation filed by Hotel Wyndham San Jose Herradura - Costa Rica. Herradura's motion for attorney's fees (ECF No. 50) is DENIED. Signed by Judge Aida M. Delgado-Colon on 9/15/2022.(wm)
Case 3:19-cv-01492-ADC Document 52 Filed 09/15/22 Page 1 of 2
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
JORGE DESSUS-MEDINA, et. al.
Plaintiffs,
v.
Civil No. 19-1492 (ADC)
HOTEL WYNDHAM SAN JOSÉ
HERRADURA – COSTA RICA, et al.,
Defendants.
OPINION AND ORDER
Before the Court is defendant Hotel Wyndham San José Herradura - Costa Rica’s
(“Herradura”) motion for attorney’s fees and litigation costs. ECF No. 50. Plaintiffs Jorge
Dessus-Medina, Jorge A. Dessus-Cascante and María T. Cascante-Vargas (together, “plaintiffs”)
responded in opposition. ECF No. 51. For the following reasons, Herradura’s motion for fees
and costs is DENIED.
The Court dismissed all of plaintiffs’ claims against Herradura without prejudice because
the Court did not have personal jurisdiction over the defendants. ECF No. 48.
The “basic point of reference when considering the award of attorney's fees is the bedrock
principle known as the American Rule: Each litigant pays his own attorney's fees, win or lose,
unless a statute or contract provides otherwise.” Baker Botts L.L.P. v. ASARCO LLC, 576 U.S. 121,
126 (2015). Here, Herradura has failed to argue that a statute or contracts provides that it is
entitled to attorney’s fees, and has failed to substantially argue grounds sufficient for this Court
Case 3:19-cv-01492-ADC Document 52 Filed 09/15/22 Page 2 of 2
Civil No. 19-1492 (ADC)
Page 2
to deviate from the routinary application of the American Rule. See id. As such, Herradura’s
motion for attorney’s fees cannot prevail.
I. Conclusion
For the reasons stated above, Herradura’s motion for attorney’s fees (ECF No. 50) is
DENIED.
SO ORDERED.
In San Juan, Puerto Rico, on this 15th day of September, 2022.
S/AIDA M. DELGADO-COLÓN
United States District Judge
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