Opinion
6:20-cv-2138-PGB-GJK
06-29-2022
MICHAEL ALHOFEN and MYSHEL ALHOFEN, Plaintiffs, v. WAL-MART STORES EAST, LP, Defendant
ORDER
CELESTE F. BREMER UNITED STATES MAGISTRATE JUDGE
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: MOTION FOR ATTORNEY'S FEES (Doc. 41)
FILED: June 3, 2022
THEREON it is ORDERED that the motion is DENIED without prejudice.
On May 19, 2022, Judge Byron directed the Clerk to enter final judgment in favor of Defendant Wal-Mart Stores East, LP and against Plaintiffs Michael Alhofen and Myshel Alhofen. Doc. 39 at 12. The Clerk entered final judgment the following day. Doc. 40. On June 21, 2022, Plaintiffs filed an appeal of Judge Byron's summary judgment order and judgment. Doc. 45.
Determination of that appeal, regardless of its outcome, will greatly affect consideration of this fee motion. Any time spent analyzing the fee request at this juncture would be wasted. It does not appear that consideration of the appeal itself would be better informed if accompanied by a decision on fees. For these reasons, Wal-Mart's Motion for Entitlement to Attorney's Fees and Costs is denied without prejudice to reassertion after completion of the appellate process.
IT IS SO ORDERED