Matches in SCALES for { <http://schemas.scales-okn.org/rdf/scales#/DocketEntry/ilnd;;1:08-cv-04824_de454> ?p ?o ?g. }
Showing items 1 to 9 of
9
with 100 items per page.
- ilnd;;1:08-cv-04824_de454 RegisterActionDate "2013-10-07" @default.
- ilnd;;1:08-cv-04824_de454 RegisterActionDescriptionText "MINUTE entry before Honorable Jeffrey Cole:The plaintiff has moved to withdraw his petition for supplemental attorneys' fees without prejudice 451 455 .The motion for supplemental fees was filed on 7/15/13. 439 . Judge Kendall referred the motion here for a Report and Recommendation on 7/29/13. 441 . On 8/7/13, a briefing schedule was set which gave Officer FFD59A9 until 9/9/13 to respond and the plaintiff had until 9/30/13 to reply. 446 . The response was filed on 9/9/13. 450 . No reply was filed. Instead, on 9/30/13 the plaintiff filed the present motion to withdraw its petition for supplemental fees. On 10/1/13 I entered a minute order which noted in part that the motion to be withdrawn was filed more than two months ago and the defendant has been put to the burden of responding. The minute order also stated "[o]n the surface it certainly seems inappropriate for the plaintiff to have waited this long and allowed the defendant to incur time and additional costs in responding to the motion." 453 . At the hearing today, counsel for the plaintiff argued that it was inefficient for everyone not to allow the motion to be withdrawn. While the defendant has not objected to the motion, I am not bound by that concession. Cf, United States v. Anderson, 547 F.3d 831, 833 (7th Cir. 2008)(Posner, J.). Nor is the plaintiff's argument that "litigation is run by the lawyers" persuasive. The argument is true so long as the court is not asked to rule on a matter that the parties have submitted to it. Once that occurs, the litigants no longer control judicial conduct, and lawyers and their clients quite properly must bear the consequences of their own strategic decisions. Crowe ex rel. Crowe v. Zeigler Coal Co., 646 F.3d 435, 444 (7th Cir. 2011). Here, the motion was filed six weeks after Judge Kendall had issued her opinion in this case. The plaintiff made a voluntary decision to submit the matter to the court. It is too late for the plaintiff to decide to switch course. The motions to withdraw the petition for supplemental fees 451 455 are denied. The supposed considerations of efficiency should have been plain to the plaintiff before they filed the motion and certainly before the defendant responded. Beyond that, it will be an easy matter regardless of the outcome of the case in the Court of Appeals to recalibrate the fee award for the time spent in preparing the original fee petition. The plaintiff's reply brief shall be due on Wednesday 10/9/13. Mailed notice (tlp, ) (Entered: 10/07/2013)" @default.
- ilnd;;1:08-cv-04824_de454 AdministrativeID "456" @default.
- ilnd;;1:08-cv-04824_de454 OntologyLabel minute_entry @default.
- ilnd;;1:08-cv-04824_de454 hasReferenceToOtherEntry ilnd;;1:08-cv-04824_de437 @default.
- ilnd;;1:08-cv-04824_de454 hasReferenceToOtherEntry ilnd;;1:08-cv-04824_de448 @default.
- ilnd;;1:08-cv-04824_de454 hasReferenceToOtherEntry ilnd;;1:08-cv-04824_de449 @default.
- ilnd;;1:08-cv-04824_de454 hasReferenceToOtherEntry ilnd;;1:08-cv-04824_de451 @default.
- ilnd;;1:08-cv-04824_de454 hasReferenceToOtherEntry ilnd;;1:08-cv-04824_de453 @default.