Sun Life Assurance Company of Canada v. Conestoga Trust Services, LLC (PLR1)

Filing 104

MEMORANDUM AND ORDER ; Now before the Court is the Defendant's Motion to Designate Attorney's Fee Expert 98 . Plaintiff's Motion 98 will be GRANTED IN PART and DENIED IN PART. The Court will allow the designation of Attorney Orr and the filing of his Report. However, the Court is going to defer any further consideration of this issue and STAY any discovery related thereto until after such time as the Defendant may obtain a judgment which provides a legal basis to request a specific award of attorney's fees and costs. Signed by Magistrate Judge H. Bruce Guyton on 12/20/16. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
SUN LIFE ASSURANCE CO. OF CANADA,
Plaintiff,
v.
CONESTOGA TRUST SERVICES, LLC,
Defendant.

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No. 3:14-CV-539-PLR-HBG

MEMORANDUM AND 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 the Defendant’s Motion to Designate Attorney’s Fee Expert
[Doc. 98]. The Motion requests that the Court grant leave for the Defendant to designate
Attorney James Craig Orr, Jr. as an expert on the issue of the reasonableness and necessity of
Defendant’s legal fees and expenses in this case. Attorney Orr has offered a Report of his
opinions [Doc. 98-4].
The Plaintiff has filed a response in opposition [Doc. 103]. The Plaintiff argues that the
Defendant’s expert designation of Attorney Orr was made after the deadline for such
designations contained in the Scheduling Order. The Plaintiff also asserts that allowing the
designation will result in additional litigation expenses from the discovery of the expert.
The Court finds that the Plaintiff’s Motion [Doc. 98] will be GRANTED IN PART and
DENIED IN PART. The Court will allow the designation of Attorney Orr and the filing of his
Report. However, the Court is going to defer any further consideration of this issue and STAY

any discovery related thereto until after such time as the Defendant may obtain a judgment which
provides a legal basis to request a specific award of attorney’s fees and costs.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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