Smith v. Blue Cross

Full title: KRYSTAL SMITH Plaintiff v. BLUE CROSS BLUE SHIELD OF MISSISSIPPI Defendant

Court: United States District Court, S.D. Mississippi, Jackson Division

Date published: May 4, 2006

Civil Action No. 3:05CV271-WHB-JCS (S.D. Miss. May. 4, 2006)

Opinion

Civil Action No. 3:05CV271-WHB-JCS.

May 4, 2006

OPINION AND ORDER

WILLIAM BARBOUR JR., District Judge

This cause is before the Court on Plaintiff's Motion for Attorney's Fees and Costs, which was filed with the Clerk of the Court on April 21, 2006, under docket entry no. 28. Through this Motion, Plaintiff seeks an award of attorney's fees and costs for her successful efforts in responding to Defendant's Motion for Summary Judgment. In support of her position, Plaintiff relies onXL Specialty Ins. Co. v. Bollinger Shipyards Lockport, LLC, 76 Fed. App'x 536 (5th Cir. 2003) and Sheets v. Yamaha Motors Corp., U.S.A., 891 F.2d 533 (5th Cir. 1990). Plaintiff has misconstrued the holdings in these cases. She is not entitle to attorney's fees and costs merely because she prevailed in overcoming Defendant's Motion for Summary Judgment. The Motion is HEREBY DENIED.

SO ORDERED.