Summary
granting motion to strike the plaintiff's demand for attorney's fees because the plaintiff did not specify any "contractual or statutory basis for attorney's fees, nor [did] Plaintiff assert a claim under which such fees might be recovered."
Summary of this case from Anderson v. HansenOpinion
Case No. 4:08CV1536 AGF.
December 18, 2008
ORDER
This matter is before the Court on Defendant's motion to strike Plaintiff's request for attorney's fees. (Doc. #3). Defendant argues that the request for attorney's fees should be stricken because Plaintiff has not set forth a statutory or contractual basis for the request. The complaint, which was removed from state court by Defendant based on diversity jurisdiction, seeks damages against Defendant pursuant to an underinsured motorist coverage provision in an insurance policy issued to Plaintiff by Defendant. Plaintiff also asks for "a statutory penalty" and attorney's fees.
The parties have consented to the exercise of jurisdiction by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).
Plaintiff has not responded to Defendant's motion. As Defendant correctly notes, Plaintiff has not specified any contractual or statutory basis for attorney's fees, nor has Plaintiff asserted a claim under which such fees might be recovered.
Accordingly,IT IS HEREBY ORDERED that Defendant's motion to strike Plaintiff's request for attorney's fees [Doc. #3] is GRANTED.