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Mark Thomas, et al v. Lagoni Erection

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 ...


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