Geophysical Service Incorporated v. TGS-Nopec Geophysical Company

Filing 115

ORDER entered: TGSs motion for attorneys fees, (Docket Entry No. 103), is denied without prejudice to refile at the conclusion of the pending appeal. TGS must file a renewed motion no later than 14 days after an opinion on the appeal is issued. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
GEOPHYSICAL SERVICES,
INCORPORATED,
Plaintiff,
VS.
TGS-NOPEC GEOPHYSICAL
SERVICES,
Defendant.

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August 28, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 14-1368

ORDER
TGS moved for attorneys’ fees under 17 U.S.C. § 505.

(Docket Entry No. 103).

Geophysical argues that the court should stay the attorneys’ fees proceedings because Geophysical
has timely filed a notice of appeal. (Docket Entry No. 113 at 5).
The court has discretion to consider the motion for fees now, or at the conclusion of the
pending appeal. The Federal Rules of Civil Procedure Advisory Committee Comment to Rule 54
explained:
Filing a motion for fees under this subdivision does not affect the
finality or the appealability of a judgment, though revised Rule 58
provides a mechanism by which prior to appeal the court can suspend
the finality to resolve a motion for fees. If an appeal on the merits of
the case is taken, the court may rule on the claim for fees, may defer
its ruling on the motion, or may deny the motion without prejudice,
directing under subdivision (d)(2)(B) a new period for filing after the
appeal has been resolved.
FED. R. CIV. P. 54, Advisory Committee Note, 1993 amendment.
Courts routinely defer ruling on fees motions while an appeal is pending. See, e.g., Mailk
& Sons, LLC v. Circle K Stores, Inc., No. 15-6938, 2017 U.S. Dist. LEXIS 87426, at *5 (E.D. La.
May 22, 2017) (collecting cases); Celtic Marine Corp. v. James C. Justice Cos., No. 11-3005, 2014

U.S. Dist. LEXIS 72582 (E.D. La. May 28, 2014); Dulin v. Bd. of Comm’rs of Greenwood Leflore
Hosp., No. 4:07-CV-194-A-V, 2013 U.S. Dist. LEXIS 140664 (N.D. Miss. Sept. 30, 2013); see also
Nat’l Farmers’ Org., Inc. v. Assoc. Milk Producers, Inc., 850 F.2d 1286, 1312 (8th Cir. 1988)
(“[R]ather than undertaking the time-consuming task of determining a reasonable attorney’s fee,
only to see the effort overturned on appeal, . . . the district court wisely deferred ruling on attorney’s
fees and costs pending appeal.”). The court agrees with this approach.
TGS’s motion for attorneys’ fees, (Docket Entry No. 103), is denied without prejudice to
refile at the conclusion of the pending appeal. TGS must file a renewed motion no later than 14 days
after an opinion on the appeal is issued.
SIGNED on August 28, 2018, at Houston, Texas.
______________________________________
Lee H. Rosenthal
Chief United States District Judge