Berthiaume v. Doremus

Filing 22

ORDER regarding Supplemental MOTION for Attorney Fees Practicing Attorney Memorandum in support of fees 21 filed by Eric Berthiaume, First MOTION for Attorney Fees 20 filed by Eric Berthiaume, ( Responses due 21 days of th entry of this order). Signed by Judge Norman K. Moon on 4/28/14. (hnw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION
ERIC BERTHIAUME,

CASE NO. 6-13-cv-00037
Plaintiff,
v.

TODD DOUGLAS DOREMUS, DBA YELLOW
SUBMARINE
Defendant.

ORDER

JUDGE NORMAN K. MOON

This matter is before the Court on Plaintiff Eric Berthiaume’s First Motion for Attorneys’
Fees and Costs (docket no. 20) and Declaration in Support of Plaintiff’s Motion for Attorneys’
Fees and Costs (docket no. 21) (collectively, “Motion for Fees”), filed on March 6, 2014, and on
March 13, 2014, respectively. Plaintiff requests that this Court award him attorneys’ fees of
$9550.00 under 42 U.S.C. § 12205, and costs of $450 under Federal Rule of Civil Procedure
54, based on this court’s February 11, 2014 order granting Plaintiff a default judgment.
Defendant Todd Douglas Doremus proceeds pro se in this action. Under the general
principles outlined in Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), this Court hereby
informs Defendant that even if he fails to respond to the Motion for Fees, it will dispose of
the Motion. This disposition could result in an award of the fees and costs requested by Plaintiff
under either 42 U.S.C. § 12205, or Federal Rule of Civil Procedure 54(d), or both. Having been
so warned, if Defendant wishes to respond to the Motion for Fees, he is hereby ORDERED
to file a response with this Court within twenty-one (21) days of the entry of this Order.
The Clerk of the Court is hereby directed to send a certified copy of this order to all
counsel of record, and to Defendant at 3313 Old Forest Rd., Lynchburg, VA 24501. It is so
ORDERED. Entered this ________ day of April, 2014.
28th