Opinion
2:09-cv-00966-HDM-LRL
10-18-2011
RONALD NEAL JOSEPH, SR., et al. Plaintiffs, v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al. Defendants.
ORDER
On September 8, 2011, the defendants filed a motion for attorney fees (#121) and a bill of costs (#122). On September 13, 2011, plaintiffs filed their notice of appeal with the U.S. Court of Appeals (#123). On September 26, 2011, plaintiffs opposed the motion for attorney fees (#130) and objected to the bill of costs (#131). The time to reply has passed.
The court may decide the issue of attorney fees pending an appeal. Schneider v. Elko County Sheriff's Dept., 17 F. Supp. 2d 1162 (D. Nev. 1998). However, the court believes that, in the interest of justice, the motion (#121) should be denied without prejudice to renew, should the defendants elect to renew the motion, within thirty (30) days after a final disposition of plaintiffs' appeal. See Fed. R. Civ. P. 54(d), Advisory Comm. Note (1993 amendments) ("If an appeal on the merits of the case is taken, the [district] court may rule on the claim for fees, may defer its ruling on the motion, or may deny the motion without prejudice, directing under subdivision (d)(2)(B) a new period for filing after the appeal has been resolved."); see also Madrid v. Concho Elementary School Dist. No. 6 of Apache County, 2010 WL 2991562, *1 (D. Ariz. July 26, 2010)(Denying motion for attorney fees without prejudice pending disposition of appeal); Sovereign Gen. Ins. Servs., Inc. v. Scottsdale Ins. Co., 2008 WL 5381813, at *1 (E.D. Cal. Dec. 23, 2008). Therefore, the defendants' motion for attorney fees (#121) is hereby DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
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UNITED STATES DISTRICT JUDGE