Tuesday, September 18, 2012

Those Local Rules Are There for a Reason!


Hi there, hope your week is moving along smoothly.

Did you know our federal courts have local rules on all sorts of things?

Some of them are even quasi-important -- like dates by which you have to file motions for attorneys' fees:
Southern District of Florida Local Rule 7.3(A)(vii) states that all motions for attorneys' fees filed upon entry of a final judgment or order "shall be filed and served within thirty days of entry of a Final Judgment or other appealable order that gives rise to a right to attorneys fees and/or costs.''  S.D. Fla. R. 7.3(A)(vii). In this case, Bank of America filed its motion for attorneys' fees on January 23, more than thirty days after this Court granted Bank of America's motion to dismiss on December 6. Accordingly, it is

ADJUDGED that the motion is DENIED.
Try explaining THAT one to your client.

3 comments:

  1. Wow. BOA's counsel listed in the docket are Andrew Kemp-Gerstel and James Randolph Liebler of Liebler Gonzalez & Portuondo, PA, 44 W. Flagler St., 25th Flr. What's weird is that Plaintiff's counsel, in response to the fee motion (DE42), didn't even argue that the motion should be denied as being untimely under the Local Rule.

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  2. Quality lawyering all around.

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  3. Interesting news. Yes, local rules are great at times. There are others that I struggle with and have difficulty dealing with. You have to know the area well and thank goodness I do.

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