Opinion
Case No. 6:02-cv-1469-Orl-28KRS.
April 25, 2006
REPORT AND RECOMMENDATION
TO THE UNITED STATES DISTRICT COURT
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: MOTION FOR ATTORNEY'S FEE AWARD PURSUANT TO 42 U.S.C. SECTION 1988 (Doc. No. 176)
FILED: February 3, 2006
Because the final judgment in this case is currently on appeal to the United States Court of Appeals for the Eleventh Circuit, see doc. nos. 192, 193, it is appropriate to await the outcome of the appeal before ruling on the pending motion for attorneys' fees. Determination of the appeal, regardless of the outcome, will affect consideration of the Plaintiffs' motion. It does not appear that consideration of the appeal itself would be better informed by a decision on fees.
Accordingly, I recommend that the motion for award of attorneys' fees be DENIED without prejudice to refiling, if appropriate, within twenty days after the issuance of a decision on the appeal by the United States Court of Appeals for the Eleventh Circuit.
Failure to file written objections to the proposed findings and recommendations contained in this report within ten (10) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal.
Recommended in Orlando, Florida on April 25, 2006.