Opinion
CASE NO. 3:14-cv-1-RS-CJK
11-07-2014
LANEITRA FORTE, Plaintiff, v. WEST FLORIDA MEDICAL CENTER CLINIC P.A., Defendant.
ORDER
The relief requested in Defendant's Motion to Stay Proceedings on Plaintiff's Motion for Attorneys' Fees (Doc. 67) is GRANTED. Plaintiff Fourte's Motion for Equitable Relief (Doc. 62) is DENIED WITHOUT PREJUDICE as not yet ripe, with leave to refile after ripening. In FMLA actions, the court shall, "in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee." 29 U.S.C. § 2617(a)(3) (Emphasis added). Such a motion for fees is only appropriate after final judgment has been entered. See, e.g., Cross v. Wal-mart Associate Inc., 4:11-cv-135 (N.D. Fla. 2011); Williams v. Crown Liquors of Broward, Inc., 11-CIV-61341 (S.D. Fla. 2011) (motion for attorneys' fees filed after final judgment was entered after considering plaintiff's post-verdict motion for equitable relief). Furthermore, the Federal Rules require a motion for attorneys' fees to "specify the judgment . . . entitling the movant to the award." Fed. R. Civ. P. 54(d)(2)(B)(ii) (emphasis added).
Plaintiff shall file a reply to Defendant's Opposition to Plaintiff's Motion for Equitable Relief and Request for Hearing (Doc. 66) not later than November 21, 2014.
ORDERED on November 7, 2014.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE