Lilly v. City of Clarksville, Tennessee et al

Filing 69

ORDER granting 68 MOTION to Ascertain Status of Motion for Attorneys Fees and Costs re 63 , 62 . MOTION for Attorney Fees and Costs 62 and MOTION for Leave to file fee bill re 62 MOTION for Attorney Fees and Costs 64 are set for 5/23/2013 at 10:00 AM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 5/3/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MARSHA LILLY,
Plaintiff
v.
CITY OF CLARKSVILLE, et al.,
Defendants

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No. 3:10-1178
Judge Campbell/Brown
Jury Demand

O R D E R
The Defendants have filed a motion (Docket Entry 68) to
ascertain the status of their motion for attorneys’ fees and costs
(Docket Entry 62). Also pending in connection with the motion for
attorneys’ fees and costs is a motion for leave to file a fee bill
(Docket Entry 64).
The motion to ascertain the status is GRANTED. This case
is pending on referral from Judge Campbell (Docket Entry 67) and
the Magistrate Judge will prepare a report and recommendation when
he can get to it. This case is behind a number of Social Security
cases, which by law take priority over other cases. Additionally,
the Defendants have complicated this matter by combining costs,
which may be taxed by the Clerk with attorneys’ fees, which must be
taxed by the District Judge. They further complicated corn flakes
by wanting a ruling on whether they get attorneys’ fees before
telling the Court what the attorneys’ fee will be. This process
will require a report and recommendation, likely objection, and if
attorneys fees are allowed, another report and recommendation on
the amount which will likely draw still more objections.

In an effort to resolve this matter in a simpler form the
motions are set for oral argument May 23, 2013 at 10:00AM. Parties
shall call the magistrate judges conference call number 615 695
2851 at that time.

Defendant will submit to the Magistrate Judge

and the plaintiff an estimate of the attorney fees they seek and
whether it includes the appeal. They should be prepared to discuss
the issues raised in the plaintiff’s brief to which defendants did
not reply.

Costs will likely be allowed,

the

fee,

expert

the

need

for

however the amount of

deposition

of

the

defendants

employees, and whether this case is an unusual one that justifies
attorneys fees and if so for what part of the case will be
discussed. The magistrate judge is concerned that the plaintiff
abandoned a number of claims during summary judgment and again on
appeal. This could lead to a conclusion they should have been
abandoned far earlier.
The parties are free to agree on any of these amounts
before the hearing and they are directed to confer with each other
about the amounts involved at least three days prior to the
hearing.
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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