Tuesday, December 9, 2014

Attorneys’ Fee Motion Filed 55 Days After Mandate Untimely

Following plaintiff's unsuccessful appeal of a stipulated judgment prompted by the court's claim construction, the magistrate judge recommended denying defendant's motion for attorneys’ fees as untimely. "Plaintiff argues that final judgment occurred . . . when the Court docketed the mandate. Defendant filed its motion for attorneys’ fees fifty-five (55) days later. . . . [Rule 54's fourteen-day deadline] does not apply in cases where fees deal with judgments from the Court of Appeals. . . . '[I]n the absence of a statutory or rule-based deadline . . . a general rule of diligence should govern.' Yet, the [Seventh Circuit] also noted 'anything within 30 days shows reasonable diligence.' This Court agrees, especially because the procedure is 'complicated and application of the Federal Rules is unclear.' Defendant did not provide any explanation for why it took fifty-five days to file its motion for attorneys’ fees. The Court finds that fifty-five days is not reasonably diligent. Accordingly, the Court finds that Defendant’s motion is untimely and should be denied."

HowLink Global LLC v. Centris Information Systems, LLC et al, 4-11-cv-00071 (TXED December 5, 2014, Order) (Mazzant, M.J.)

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