Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Mark Thomas, et al v. Lagoni Erection

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


January 12, 2011

MARK THOMAS, ET AL., PLAINTIFFS,
v.
LAGONI ERECTION, INC., DEFENDANT.

The opinion of the court was delivered by: Judge Cercone

Magistrate Judge Bissoon

ORDER

Plaintiffs have filed a Motion for Default Judgment, wherein they request an award of attorney's fees. See Pls.' Mot. for Default J. (Doc. 5) at ¶ 10. Plaintiffs' request for fees precludes the entry of default judgment by the Clerk of Court. See Int'l. Union of Operating.

Eng'rs., Local 4 v. Stanley Excavation, 243 F.R.D. 25, 27 n.5 (D. Me. 2007) (fees request "prevents the [C]lerk from entering a judgment under Rule 55(b)(1), since the reasonableness of the attorney's fees necessitates [judicial review]").

By January 21, 2011, counsel shall supplement Plaintiffs' evidence and/or arguments in support of the request for attorney's fees. Compare Pls.' Mot. at ¶ 10 (seeking attorney's fees in amount of 20% of Plaintiffs' potential gross recovery under CBA) with, e.g., Colucci v. MPC Computers, LLC Severance Plan For Emps., 2009 WL 807638, *1-2 (D. Idaho Mar. 24, 2009) (citing Third Circuit decision noting general preference for lodestar, as opposed to contingency- based, fees calculations under ERISA, and basing fee award on affidavits of counsel and accompanying billing records).*fn1

IT IS SO ORDERED.

Cathy Bissoon United States Magistrate Judge

cc (via email):

All Counsel of Record

cc (via 1st Class U.S. Mail):

Lagoni Erection, Inc. 510 McClane Farm Road Washington, PA 15301


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.