Opinion
CIV. 22-00034 DKW-RT
01-26-2023
MAITHAM ABUHINDI, Plaintiff, v. TURKISH AIRLINES, Defendant.
FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION TO DISMISS AWARD OF ATTORNEY'S FEES
Rom A. Trader United States Magistrate Judge
On December 1, 2022, Plaintiff Maitham Abuhindi filed a Motion to Dismiss Award of Attorney's Fees (“Motion to Dismiss”) (ECF No. 28), seeking a dismissal of Defendant Gulf Air's Motion for Award of Attorneys' Fees Against Plaintiff Maitham Abuhindi (“Fee Motion”) (ECF No. 23). The Court shall decide the Motion to Dismiss without a hearing pursuant to Rule 7.1(c) of the Local Rules of Practice for the United States District Court for the District of Hawaii.
On October 31, 2022, the Court issued an Entering Order directing Defendant Gulf Air to submit a supplemental filing addressing the issue of its prevailing party status under Haw. Rev. Stat. § 607-14. ECF No. 25. The Court also granted Plaintiff leave to file an opposition to the supplemental by no later than November 22, 2022. Id. Defendant Gulf Air failed to respond, and Plaintiff elected not to file an opposition. Plaintiff's November deadline has passed. Accordingly, the Court RECOMMENDS that the district court not consider the Motion to Dismiss.
Further, given this Court's Findings and Recommendation to Deny Defendant Gulf Air's Motion for Award of Attorneys' Fees Against Plaintiff Maitham Abuhindi (ECF No. 29), Plaintiff's Motion to Dismiss is moot.
IT IS SO FOUND AND RECOMMENDED.