Nichols v. Knox County, Tennessee et al

Filing 140

ORDER granting 137 Plaintiff's Motion to Hold Defendants' Bill of Costs and Motion for Attorney Fees in Abeyance Pending the Outcome of the Appeals. However, the Bill of Costs 134 and Motion for Attorney Fees 132 wil l be DENIED WITHOUT PREJUDICE, to allow refiling of the same as appropriate. This relief is equivalent to the relief requested and eliminates the need for status reports during the period of abeyance. Signed by Magistrate Judge H Bruce Guyton on September 30, 2014. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
DONALD NICHOLS,
Plaintiff,
v.
KNOX COUNTY, TN, et al.,
Defendants.

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No. 3:11-CV-417-PLR-HBG

ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
Now before the Court is a Motion to Hold Defendants’ Bill of Costs and Motion for
Attorney Fees in Abeyance Pending the Outcome of the Appeals [Doc. 137], in which Plaintiff
moves the Court to stay decision on the pending bill of costs and request for attorneys’ fees. The
instant motion was filed on July 28, 2014, and no party has filed a timely response in opposition
to the motion, see E.D. Tenn. L.R. 7.1.

The Court may treat the lack of opposition as

acquiescence to the relief sought.
The Court finds that the Plaintiff’s motion [Doc. 137] is well-taken, and it is
GRANTED. However, the Bill of Costs [Doc. 134] and Motion for Attorney Fees [Doc. 132]
will be DENIED WITHOUT PREJUDICE, to allow refiling of the same as appropriate. This
relief is equivalent to the relief requested and eliminates the need for status reports during the
period of abeyance.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge