The Paper Mill Store, Inc. v. Aarbs Paper, Inc. et al

Filing 23

ORDER granting 21 Joint Motion to Vacate. The court will allow plaintiff ten days to submit a fee request, along with a copy of all billing records and actual work to date on the motion for default and preparing the motion for default judgment. Signed by District Judge William M. Conley on 7/22/14. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________
THE PAPER MILL STORE, INC.,
Plaintiff,

ORDER

v.

14-cv-354-wmc

AARBS PAPER, INC.,
Defendant.
_________________________________________________________________________________
The court is in receipt of the parties’ joint motion to vacate entry of default (dkt.
#21), which is GRANTED. Defendant Aarbs Paper, Inc. may have until August 4, 2014,
to answer, move, or otherwise respond to plaintiff’s motion. In the motion, the parties
also explain that while defendant agrees to pay plaintiff reasonable attorney’s fees
incurred in pursuing default, the parties dispute the appropriate amount. The parties
propose that the court set a briefing schedule and determine a fee award. This is overkill.
Plaintiff submitted a two-page motion for entry of default, of which the caption and
signature takes up at least half of the space. (Dkt. #6.) In addition, plaintiff submitted a
simple seven paragraph declaration by plaintiff’s counsel. (Dkt. #7.) Plaintiff has not
submitted a default judgment motion or accompanying affidavits, though the court will
assume that plaintiff’s counsel was working on these submissions at the time counsel for
defendant contacted plaintiff. (In the submission, plaintiff seeks fees for work incurred
up to July 3, 2014, the date defendant’s counsel contacted plaintiff.) Even crediting
work on those planned submissions, the court finds it unlikely that plaintiff’s reasonable
attorney’s fees exceed $2,000. Accordingly, the court will allow plaintiff ten (10) days to

submit a fee request, along with a copy of all billing records and actual work to date on
the motion for default and preparing the motion for default judgment in. If the court
requires anything more from either party to decide upon a reasonable fee award, it will
notify the parties.
Entered this 22nd day of July, 2014.
BY THE COURT:
/s/
________________________________________
William M. Conley
District Judge