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Richardson v. Axion Logistics, LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Jun 18, 2014
CIVIL ACTION NO.:3:13-CV-00302-BAJ-RLB (M.D. La. Jun. 18, 2014)

Opinion

CIVIL ACTION NO.:3:13-CV-00302-BAJ-RLB

06-18-2014

JUSTIN SHANE RICHARDSON v. AXION LOGISTICS, LLC


RULING AND ORDER

Before the Court are two motions: (1) Defendant Axion Logistics, LLC's Motion for Attorney's Fees and Costs (Doc. 38); and (2) Plaintiff Richardson's Motion to Dismiss without Prejudice, or, Alternatively, Defer Ruling on Motion for Attorney's Fees and Costs Pursuant to La. Rev. Stat. § 23:967 (Doc. 42).

The Court notes that Defendant has failed to produce affidavits from independent counsel confirming that the attorney's fees requested are reasonable and aligned to the regular rates in the community where this Court sits. See Toilet v. City of Kemah, 285 F.3d 357, 369 (2002). To "inform and assist the Court in determining the reasonable rate," Defendant must produce an affidavit of the attorney performing the work, information of rates actually billed and paid in similar lawsuits, see Blum 465 U.S. at 896 n. 11, as well as "affidavits of other attorneys practicing in the community in question." Toilet, 285 F.3d at 368.). Further, should Defendant eventually refile its motion for fees and costs, Defendant is advised to observe the local rules with regard to (1) Motions for Fees, M.D. La. LR 54.2, and (2) Requests for Costs, LR 54.3.

Considering the foregoing:

IT IS ORDERED that Plaintiff's MOTION (Doc. 42) is GRANTED IN PART. Specifically, Defendant's Motion for Attorney's Fees (Doc. 38) is DISMISSED WITHOUT PREJUDICE pending the result of Plaintiffs appeal.

Baton Rouge, Louisiana, this 18th day of June, 2014.

__________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA


Summaries of

Richardson v. Axion Logistics, LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Jun 18, 2014
CIVIL ACTION NO.:3:13-CV-00302-BAJ-RLB (M.D. La. Jun. 18, 2014)
Case details for

Richardson v. Axion Logistics, LLC

Case Details

Full title:JUSTIN SHANE RICHARDSON v. AXION LOGISTICS, LLC

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Jun 18, 2014

Citations

CIVIL ACTION NO.:3:13-CV-00302-BAJ-RLB (M.D. La. Jun. 18, 2014)