Opinion
Case No. 6:04-cv-716-Orl-18KRS.
February 28, 2006
ORDER
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: MOTION FOR ATTORNEYS' FEES BY DEFENDANT LOCKHEED MARTIN AND BOEING (Doc. No. 73)
FILED: October 10, 2005
Defendants Lockheed Martin Corporation and The Boeing Company seek an award of attorneys' fees for work performed defending state-law causes of action under Florida's offer-of-judgment statute. Neither party has addressed whether the Florida offer-of-judgment statute impermissibly conflicts with the federal offer-of-judgment rule, Fed.R.Civ.P. 68, in the case of a prevailing defendant. See, e.g., 12 Charles Alan Wright, Arthur R. Miller Richard L. Marcus, § 3001.2 (2d ed. 1997) ("At least with offers by defendants, it would seem that state provisions similar to Rule 68 should be found to conflict with the rule."); see also Yossifon v. City of Cocoa Beach, Florida, Case No. 6:02-cv-6-Orl-28KRS, doc. no. 297 (M.D. Fla., Jan. 18, 2006).
Accordingly, it is ORDERED that, on or before March 17, 2006, the parties may submit supplemental memoranda of law, not to exceed twenty pages each, addressing the question of whether the Florida offer-of-judgment cannot apply in this case because using it would permit the defendants to recover attorneys' fees to which they would not be entitled under the federal offer-of-judgment rule.
DONE and ORDERED.