Velocity Press v. Key Bank et al

Filing 317

MEMORANDUM DECISION denying without prejudice 306 Motion for Attorney Fees; granting 308 Motion to Set Aside. Signed by Judge Ted Stewart on 09/24/2012. (tls)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

VELOCITY PRESS, INC., a Utah
corporation,
Plaintiff,

MEMORANDUM DECISION AND
ORDER DENYING WITHOUT
PREJUDICE MOTION FOR
ATTORNEY FEES AND COSTS
AND GRANTING MOTION TO SET
ASIDE AND RECONSIDER

vs.

KEY BANK, N.A., Q.A.M., INC., a Virginia
corporation dba SANDEN USA, INC.;
Q.A.M. INTERNATIONAL, a Nevada
corporation; ROBERT PITEL, an individual;
DOUGLAS JUSTUS, an individual; DOE
DEFENDANTS I through X,

Case No. 2:09-CV-520 TS

Defendants.

This matter is before the Court on Plaintiff’s Motion for Attorney Fees and Costs and the
remaining Defendant, KeyBank N.A.’s Motion to Reconsider and Set Aside Award of Attorneys’
Fees to Plaintiff.
Defendant asserts that it has not had an opportunity to fully brief the Court on the
question of Plaintiff’s entitlement to attorney fees and requests the Court strike from its Findings
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of Fact and Conclusions of Law (Docket No. 304) its award of attorney fees and costs to Plaintiff
until the matter can be fully briefed pursuant to Rule 54 of the Federal Rules of Civil Procedure.
Finding that Defendant has not had the opportunity to fully brief the issue, the Court orders that
the award of reasonable attorney fees and costs to Plaintiff is hereby stricken from its Findings of
Fact and Conclusions of Law. After judgment is entered, Plaintiff may file a new motion for
attorney fees and costs for the Court’s consideration. It is therefore
ORDERED that Plaintiff’s Motion for Attorney Fees and Costs (Docket No. 306) is
DENIED WITHOUT PREJUDICE. It is further
ORDERED that Defendant’s Motion to Set Aside and Reconsider Award of Attorney’s
Fees to Plaintiff (Docket No. 308) is GRANTED.

DATED September 24, 2012.
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

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