IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
January 12, 2011
MARK THOMAS, ET AL., PLAINTIFFS,
LAGONI ERECTION, INC., DEFENDANT.
The opinion of the court was delivered by: Judge Cercone
Magistrate Judge Bissoon
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
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Lagoni Erection, Inc. 510 McClane Farm Road Washington, PA 15301